AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00670	
					
SUMMARY: 

The applicant was discharged on 1 March 2010 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 an Article 15.  His misconduct included:  Wrongful use of marijuana.

APPLICANT: The applicant contended that due to an undiagnosed mental health issue, he used alcohol and eventually marijuana to cope with his emotional challenges during service. He stated that he knew that something was wrong but was too immature to deal with his feelings and could not communicate this to anyone. The applicant thought at the time, that seeking mental health help was only for people who were crazy or suicidal. He stated that post-service he eventually sought help after being unsuccessful in life, and that’s when he was diagnosed with Bi-polar disorder. He understood that there were people who could have helped him in service but he didn’t want the stigma that comes with it. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. There was no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. 

LIBERAL CONSIDERATION:

The applicant contended a mental health condition may have contributed to the misconduct that led to his discharge. The applicant’s records reveal a pre-service history of ADHD, treated with medications in 2007.  There is no evidence of a pre-service waiver. This condition EPTS (existed prior to service); per the Kurta memo, EPTS conditions with no evidence of service aggravation are generally excluded from liberal consideration. There is no evidence or records of the applicant’s condition that indicate it was service aggravated.

Additionally, the Board considered the factors laid out in the attachment to the Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 June 2018, known as the “Wilkie Memo.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) of this memorandum, and concluded the following with regard to each factor: 

(6)(h).  Requests for relief based in whole or in part on a mental health condition, should be considered for relief on equitable, injustice, or clemency grounds whenever there is insufficient evidence to warrant relief for an error or impropriety.

The member requested relief based on an undiagnosed mental health issue. In this case however, evidence shows that the member’s conditions existed prior to service, with no service aggravation, and therefore do not mitigate the misconduct. 

Additionally, the Board considered the following applicable factors listed in paragraphs (7)(a)-(7)(r) of the “Wilkie memo:” 

(7)(a).  The applicant’s candor.

The board noted inconsistency in the applicant’s admission to use of alcohol when he was underage.  On the DD Form 293, the application for discharge review, the application admitted to use of alcohol, however, during service, the member denied the use of alcohol and stated that he did not drink alcohol, he was misunderstood when he discussed it and therefore it was dropped off of the Article 15. 

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 a 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 28 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)