AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00646	
					
SUMMARY: 

The applicant was discharged on 3 September 2015 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for a change to the discharge narrative 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 two Article 15s for wrongful use of marijuana. 

The applicant made no contentions.  He claimed that he had undiagnosed and untreated PTSD at the time of his drug use.  Since his discharge he has been rated by the VA for service connected PTSD.  He claimed he was model Airman prior to the events that led to his discharge.    

A review of the applicant’s record revealed he was punished twice under Article 15, UCMJ for marijuana use.  The applicant’s command initiated administrative discharge action and recommended he be discharged with an Under Other Than Honorable Characterization (UOTHC), which entitled him to the right to an administrative discharge board hearing.  The applicant subsequently waived his right to a board hearing in exchange for a General discharge characterization; which the separation authority granted.  The applicant did submit documentation from the VA identifying he has been given a disability rating for PTSD with cannabis use disorder.

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 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 contended his marijuana use in service was due to PTSD that was never diagnosed or treated.  

2. Did that condition exist/experience occur during military service? 
There is no evidence the applicant was diagnosed with PTSD in service.  Based on the available records, the applicant presented to the mental health clinic prior to his discharge and reported he had symptoms, that he did not disclose on his post deployment assessments, that his supervisor suggested he get evaluated for.  Based on the available records, the applicant reported his symptoms had resolved and did not meet criteria for a diagnosis.  There is no evidence the applicant sought any additional mental health treatment or reported any other mental health conditions.  Additionally, there is evidence the applicant reported pre-service marijuana use up to three months prior to his enlistment. 

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 he had any mitigating mental health conditions while in service, and therefore the discharge is not excused or mitigated..

4. Does that condition or experience outweigh the discharge? 
There is no evidence the applicant had any mental health conditions in service, his conditions and experiences do not outweigh his 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 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 awarded characterization of service shall remain, the narrative reason for separation and associated separation code 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)