AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00328	
					
The applicant was discharged on 13 January 2009 with a Bad Conduct Discharge after being convicted of a drug-related offense during a Special Court-Martial. The Board was conducted on 19 October 2021.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  

The applicant was represented by counsel.    

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 General/Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2B / 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 two Special Courts-Martial.  His misconduct included:  wrongfully used cocaine; wrongfully possessed about 50 Vicodin pills; wrongfully introduced pills of Vicodin to an installation; on divers occasions, wrongfully used Vicodin.

Due to evidence of mental health condition/s 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 stated that he is deserving of clemency because the Bad Conduct is inequitable in light of his mental health issues and laudable service. They explained that because the applicant suffered from a mental illness prior to and during the substance abuse, the discharge should be reevaluated in light of the Kurta memo. They also stated that based on the guidance in the Wilkie memo, the member deserves clemency to ensure fundamental fairness and to give him a second chance. 

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The Board further considered this application by reviewing the criteria listed in the July 28, 2018, USD Guidance Memo known as the "Wilkie memo", but found insufficient evidence to grant the applicant's request.  The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The characterization of the discharge received by the applicant was deemed to be appropriate.

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. There is no evidence the applicant’s initial cocaine use was an attempt to self-medicate or that it was the result of a mental illness. There is no record of mental health complaints from the applicant until after the applicant realized his substance use would be discovered. While there is evidence the applicant may have received mental health treatment before his drug use, the applicant did not provide any evidence that a mental health condition caused or mitigated the repeated misconduct that led to his discharge.

CONCLUSION:  
The DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge.

The DRB results were approved by the board president on 26 October 2021.  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)