AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00661	
					
SUMMARY: 

The applicant was discharged on 5 October 2021 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 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 for wrongful use of tetrahydrocannabinol (THC).    

The applicant contended his discharge was inequitable.  He claimed he accidentally ingested THC while attending a party at a bar.  He claimed he used another person’s vape at the party and the individual told him it was a normal nicotine vape.   

A review of the applicant’s record revealed he tested positive for THC during a random urinalysis.  The command initiated administrative discharge action and he elected to present his case at a board hearing.  He testified at the hearing that he did not knowingly use THC and that it was innocent ingestion.  The board found the member guilty of THC use and recommended he be discharged with a General service characterization.  

LIBERAL CONSIDERATION:

The applicant checked the box for “other mental health” conditions on his application, but he did not provide any details of a mental health condition and he made no claim or contention that a mental health condition or mitigating experience caused, contributed, or mitigated the misconduct that led to his discharge. The burden of proof is upon the applicant to substantiate his claim, therefore, liberal consideration was not applied to the applicant’s request.

The DRB found the applicant’s contention without merit and determined there is insufficient evidence that a mental health condition mitigated his misconduct leading to his discharge from service.

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 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)