AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00260	
					
GENERAL:  The applicant was discharged on 9 March 2021 in accordance with AFI 363208 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 7 October 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 not 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 approve 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 / 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 drug abuse. 

The applicant contended the discharge was inequitable/improper because there was no evidence to indicate he had use drugs. He stated that he traveled with a group of people who did not have his best interest at heart and ultimately tried to get him in trouble which resulted in him receiving a General discharge for drug abuse. 

The DRB determined, after reviewing the service record, the evidence did not show proper standards were applied to substantiate the characterization of the applicant’s discharge.  The applicant provided credible documentation to show an impropriety in the conditions surrounding his discharge.  Witness statements used as evidence to prove the applicant’s drug use were contradictory and inconclusive.  The applicant’s evidence rebutted the presumption that the applicant used drugs during the time in question.  The Board did not find that the applicant’s misconduct outweighed his positive contributions during his service.  

Upon review of the applicant’s service record, the Board was not able to find any documentation regarding the discharge proving he used drugs.  Since the board relies on the presumption of regularity, it concluded that the applicant provided sufficient evidence to prove an impropriety occurred during the course of his discharge.  

CONCLUSION:  
The Board found neither the evidence of record, nor that provided by the applicant substantiated any inequity.  However, sufficient evidence existed to convince the board the discharge was improper.  Therefore, the Board determined the overall characterization of the applicant’s service was more accurately reflected by an Honorable discharge and the discharge narrative reason was more accurately described as “Secretarial Authority.”  Additionally, the reenlistment eligibility code was changed to “2C”.  

The DRB results were approved by the board president on 26 October 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)