AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00681	
SUMMARY: 

The applicant was discharged on 30 December 2016 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

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 marijuana.

The applicant made no contentions.  He claimed he suffered from many physical problems and undiagnosed Depressive Bi-polar and PTSD while serving.  The applicant requested his discharge be changed to a medical separation.  He claimed he used marijuana to cope with his symptoms and when his use was discovered he sought medical treatment.  He claimed his service was otherwise honorable and he has subsequently been rated with 100% disability from the VA.

A review of the applicant’s record revealed that the applicant admitted to Emergency Room medical personnel that he used marijuana to help alleviate pain symptoms he was experiencing.  He subsequently tested positive for tetrahydrocannabinol (THC) and was administratively discharged.  He claimed that he was experiencing significant pain and out of desperation he used his spouse’s marijuana to try to alleviate his symptoms.  

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 contended during his time in service he suffered from many physical pains and undiagnosed Depressive Bi-polar and PTSD.  He asserted he was discharged as a result of not knowing how to deal with his emotional and physical pain so he smoked marijuana as an attempt to cope.

2. Did that condition exist/experience occur during military service? 
There is no evidence or records to substantiate the applicant was diagnosed with or exhibited any clinical significant indicators of PTSD in service. There is evidence the applicant was diagnosed with Depressive Disorder during his time in service related to his chronic pain condition.  Based on the available records, the applicant reported multiple medical issues during his time in service. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant was discharged due to drug use.  Based on the available records, the applicant had intermittently sought and received mental health treatment during his time in service related to concerns with sleep and fatigue as it pertained to his rotating work schedule.  Based on the available records, the applicant was given an assignment limitation code (ALC) C-1 for his sleep apnea. There is no evidence the applicant’s mental health condition rose to the level of unfitting during his time in service, and the applicant did not provide any evidence his drug use was caused or mitigated by a mental health condition.  

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s condition did not mitigate the discharge, it does not outweigh the 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.

Finally, a request to change an administrative discharge to a medical discharge is outside the scope of authority of the DRB.  Should the applicant elect to continue to pursue a medical discharge, he is encouraged to exercise his right to appeal the DRB’s decision to the Air Force Board for Correction of Military Records.

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, 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)