AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00487

The applicant was discharged on 9 October 2015 with a Bad Conduct Discharge after being convicted of several criminal offenses during a Special Court-Martial.  The applicant appealed for an upgrade of her discharge characterization to Honorable.  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.  

Due to evidence of a mental health condition 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.

Through counsel, the applicant contended her discharge was inequitable based on her significant drug addiction as a result of being prescribed pain medication for an injury.  The applicant also requested an upgrade to her discharge based on clemency and her post-service conduct.

A review of the record revealed the applicant was tried at a Special Court-martial on multiple charges including wrongful drug use, wrongful possession of drugs, stealing drugs from a military clinic, property damage, and child endangerment.  She had previously been approved for temporary retirement for medical disability which was withdrawn as a result of the court-martial.  

The DRB determined the applicant obtained medical care and prescription narcotics from civilian providers which led to her addiction and misconduct; there is no evidence the applicant was referred to off-base providers and the record reflects the treating Air Force medical providers specifically stated they would not prescribe narcotics.  Therefore, the DRB concluded the applicant’s addiction was not caused by Air Force medical providers and was the result of her seeking unauthorized medical care in the civilian sector.  Furthermore, the record reflects after the severity of her addiction was discovered, the applicant was unwilling to participate in treatment during her time in service.

CONCLUSION:  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 found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his / her military service.  The characterization of the discharge received by the applicant was deemed to be appropriate. 

The DRB results were approved by the board president on 14 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)