AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00668	
					
SUMMARY: 

The applicant was discharged on 24 October 2019 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on a records only review.

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. 

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 multiple Letters of Reprimand.  His misconduct included:  wrongful use of marijuana on at least 5 occasions and use of cocaine on at least 2 separate occasions; purchased marijuana on several occasions; contributed money to purchase cocaine; willfully went out to vehicle to sleep.

The applicant contended that his discharged displayed injustice and impropriety due to the lack of evidence and wrongful conviction. The member explains that it was said by an OSI informant that he had used drugs, however that was false. He stated that he was given a random hair follicle test and passed. He explained that he also had several random squadron urinalysis tests during the time of his supposed use and passed all of them. He concluded that he was accused of the allegations by a selfish Airman who was trying to save himself.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Although the member never tested positive for use of marijuana or cocaine, the use was corroborated by more than one witness.  

LIBERAL CONSIDERATION:

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 (LC) standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553. The Board included a member who is a physician, clinical psychologist, or psychiatrist.  Specifically, the Board reviewed the four questions the Under Secretary of Defense provided that boards should consider when weighing evidence in requests for modification of discharges due in whole or in part to mental health conditions, including post-traumatic stress disorder (PTSD); Traumatic Brain Injury (TBI); sexual assault, and sexual harassment.  The Board considered the following: 

1. Did the veteran have a condition or experience that may excuse or mitigate the discharge? 

The applicant checked “other mental health” on his application. The applicant contended “ Around roughly October 27 2019 I was discharged on a general discharge under honorable conditions for the supposable use of drugs while in the military, this was after about a 8-9 month investigation by AFOSI which weighed heavily on my mental health throughout the entire longevity of the investigation…” The applicant does not contend that a mental health condition caused the misconduct that led to this discharge, he purports that a mental health condition arose as a result of the investigation.  

2. Did that condition exist/experience occur during military service? 

There is no evidence or records the applicant sought or received any mental health treatment in service. There is no evidence the applicant reported or exhibited any clinically significant indicators of a mental health condition during his time in service. 

3. Does that condition or experience actually excuse or mitigate the discharge? 

The applicant does not contend that a mental health condition caused the misconduct that led to this discharge, he purports that a mental health condition arose as a result of the investigation. The applicant was discharged due to drug abuse, he does not make any contentions that his misconduct (drug use) was due to a mental health condition, thus the applicant’s discharge is not mitigated by a mental health condition.

4. Does that condition or experience outweigh the discharge? 

Because the condition does not mitigate the discharge, it does not outweigh the discharge.

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.
 
CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper. Therefore, the characterization of service shall remain General, the narrative reason for separation shall remain Misconduct (Drug Abuse), and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 27 April 2022.  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)