AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00497

GENERAL:  The applicant was discharged on 7 February 2020 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 Board was conducted on 2 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.    

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 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.  

The applicant contended the discharge was inequitable and improper because the substance he possessed was hemp not marijuana and hemp is no longer considered a controlled substance or defined as a drug under Air Force regulations.  He further contended that he did not possess the substance with intent to personally ingest it and instead planned on giving it to his father for medicinal purposes.  He contend, that because of these factors, there was also no basis for his discharge under AFMAN 44-147, which prohibits the use of hemp products.

A review of the record revealed the applicant was found to be in possession of a green leafy substance during a traffic stop by law enforcement.  Field tests of the substance were conducted and were positive for cannabis.  Although the applicant contended the substance was later identified as hemp and not a controlled substance, possession of hemp products are prohibited by Air Force members and such possession, regardless of intended purpose, is punishable under the Uniform Code of Military Justice.  Therefore, the DRB determined the applicant’s contention was without merit and the discharge he received was appropriate.  

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

The DRB results were approved by the board president on 13 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)