AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00453

The applicant was discharged on 5 August 2019 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of her discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 7 December 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 her discharge characterization to Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C or 3K.

DISCUSSION:  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 for wrongful use of marijuana.  

Due to evidence of  post-traumatic stress disorder (PTSD) and military sexual trauma 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 10 USC §1553.

The applicant contended the discharge was inequitable as she was the victim of a sexual assault and was experiencing PTSD as a result.  She disclosed to her supervisor that she used marijuana due to stress from the sexual assault investigation, PTSD symptoms and reminders of her mother’s recent death.  She claimed it was a one-time use, her mental health condition mitigated the misconduct, and she deserved an honorable discharge for her otherwise favorable service record.

A review of the record revealed the applicant made an unrestricted report of sexual assault in 2018.  An investigation into the sexual assault was conducted and resulted in nonjudicial punishment for the offender; an outcome the applicant agreed with.  Per Air Force policy the applicant was offered an expedited transfer to another installation, to which she declined.  The applicant was later identified for random urinalysis drug testing and she voluntarily admitted she recently used marijuana.
The DRB concluded there is evidence the applicant experienced a sexual assault while in the service.  The board thoroughly reviewed and discussed the assault and determined at the time of the applicant’s drug use she was not symptomatic for PTSD and was not reporting effects of the assault as a mitigating factor.  Therefore, the DRB determined there is no evidence the applicant’s experience of sexual assault caused or mitigated the misconduct that led to her discharge and there is no evidence the applicant was unaware of the Air Force policy on drug use.

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 her request was not approved. 

The DRB results were approved by the board president on 12 December 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)