AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00174	
					
The applicant was discharged on 12 Nov 19 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code. 

The applicant was represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 11 May 21.  No witnesses were present to testify on the applicant’s behalf.  

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist/ psychologist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and training on mental health disorders.

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service. 
  
FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C / 3K.

The DRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, is authorized to change the characterization of service and the narrative reason for discharge if such changes are warranted.  If applicable, the board can also change the applicant’s reenlistment eligibility code.  In reviewing discharges, the board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant.  The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety.  

The applicant’s record of service included an Article 15 and a Letter of Reprimand.  His misconduct included:  failed to properly record dispatch action/with intent to deceive, sign official record regarding dispatch time; tested positive for steroids during command directed urinalysis.

Due to evidence of mental health conditions found in the applicant’s medical record, the Board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and/or 10 USC §1553.

The applicant and counsel state that the member denies that he engaged in the alleged misconduct and the government failed to prove that he did. They state that the member never received a copy of the urinalysis results used to initiate separation which constitutes a due process violation. They state that the member was a subject of harassment and abuse within the unit and at the time of misconduct, was suffering from behavioral health conditions. They state that his record at the time of separation and post service conduct are deserving of an honorable characterization.

After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. The member provided evidence of a prescription. However, the board was unable to find evidence of a referral at the time of the member’s use of the drug, indicating that the military was not aware nor did they approve use of the drug. The characterization of the discharge received by the applicant was deemed to be appropriate.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  As to the contention that the member never received the results of the urinalysis, the servicemember was provided with the discharge notification on October 8, 2019 including the results.  The Board therefore concluded there was no process deviation.  While the applicant alleged he was harassed, there was no explanation as to how the alleged harassment related to the applicant’s misconduct.  Furthermore, the Board noted the applicant’s referral EPR for the “harassment of two females” where the applicant received “a no contact order, multiple LOC’s and a LOR.”  The Board understood the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

After a thorough review of the service record and inputs from the Board’s psychiatrist/ psychologist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge. The applicant had no encounters at the mental health clinic prior to the legal situation. Furthermore, there is no evidence or record to suggest the applicant had PTSD in service. 

The Board recommends the applicant exercise his right to directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records by requesting clemency based on post-service activities and accomplishments.

CONCLUSION:  
The Board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge.  Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved. 

The DRB results were approved by the board president on 26 May 21.  If desired, the applicant can request a list of the board members and their votes by writing to:  

Air Force Review Boards Agency
Attn: Discharge Review Board
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  
Instructions on how to appeal an AFDRB decision can be found at 
https://afrbaportal.azurewebsites.us

Attachment:
Examiner's Brief (Applicant Only)