AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00644	
					
SUMMARY: 

The applicant was discharged on 3 April 2009 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse). The applicant appealed for a change to the discharge narrative reason and associated Separation Code.

The applicant 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. 

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 and a Letter of Reprimand.  Her misconduct included:  incapacitation for duty due to overindulgence in an intoxicating substance, driving under the influence of alcohol, and underage drinking.  

The applicant contended that her discharge was inequitable because it was based on one isolated incident of misconduct during her 33 months of service.  She requested her narrative reason and Separation Code be changed to reflect Misconduct only, not drug abuse.  She stated in her application that she has had over a decade to grow, learn, and reflect upon her poor choices and lack of judgment that led to her discharge.  Her current DD 214 is preventing her from receiving benefits and privileges that she should have access to as a two-time combat veteran.  She also stated she continues to receive proper medical and mental health treatment since her discharge.

A review of the applicant’s record revealed she used Butalbital while deployed to Iraq.  She overindulged in the substance to the point she was incapacitated for her duties as a Security Forces member.  The applicant’s medical records were reviewed and it was determined that she did not have a prescription for the medication.  Prior to this misconduct, she had an off-base alcohol related incident for driving under the influence and underage drinking that she pled guilty to in local court.  

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 clinical psychologist/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 contend that a condition or experience may have excused or mitigated their misconduct or discharge?  
The applicant checked the boxes for PTSD and “other mental health” on her application.  The applicant made no claim of a mental health condition or experience in her narrative statement and provided no evidence or records to substantiate “PTSD” and “other mental health” diagnosis.  

2. Did that condition exist/experience occur during military service? 
There is no evidence the applicant was diagnosed with PTSD or any mental health condition during her time in service.  There is evidence the applicant was referred to the ADAPT program for alcohol education classes, however, there is no evidence the applicant exhibited or reported any clinically significant indicators of a mental health condition during her time in service. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
Based on the available records, the applicant did not provide any testimony or substantiating evidence that she had any mitigating mental health conditions while in service, and therefore the discharge is not excused.

4. Does that condition or experience outweigh the discharge? 
There is no evidence the applicant had any mental health conditions in service, her conditions and experiences do not outweigh her discharge.

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) and paragraphs 
(7)(a)-(7)(r) of this memorandum and did not find any evidence of error or impropriety.

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.
 
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, the narrative reason for separation shall remain, and the reentry code shall remain.  The AFDRB results were approved by the board president on 4 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)