AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00690	
					
SUMMARY: 

The applicant was discharged on 2 June 2021 in accordance with AFI 36-3207 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 marijuana.  

The applicant made no contentions his discharge was improper or inequitable.  He stated in his application that he was robbed at gunpoint near his home.  He initially thought he was fine following the robbery but did start noticing changes in his behavior.  He began to isolate in his home and began experiencing sleep issues, including nightmares.  He claimed he informed his doctor during a medical checkup the symptoms he was experiencing and the doctor told him documenting the symptoms would likely end his career.  Therefore, he began to self-medicate with alcohol initially, and eventually turned to marijuana to alleviate his symptoms.  He did not reveal to anyone else the symptoms he was experiencing and when his positive urinalysis uncovered his drug use he chose to further hide his issues by claiming he inadvertently inhaled marijuana through a vape pen he used at a party.  

A review of the applicant’s record revealed he tested positive for THC during a random urinalysis.  His sample consisted of a 60ng/ml content level and the DoD cutoff is 15ng/ml.  An investigation was conducted and the applicant provided a written statement claiming he had unknowingly ingested marijuana at a party.  He claimed he used a vape from an unknown person and did not realize it contained marijuana.  He further claimed that when he left the party he began to feel the effects of the drug but did not report it to anyone thinking he was having a panic attack.  He was randomly selected for urinalysis a few days later.  He then informed his commander that he potentially might have ingested an illegal substance at the party.  The applicant was punished under Article 15, UCMJ and administrative discharge was initiated.  The entire chain of command recommended he be discharged with a General service characterization and the execution of his discharge was directed by the Secretary of the Air Force Personnel Council.

In his application the applicant admitted he lied about the nature of his drug use at the time of his discharge because he was trying to hide his mental health issues.  In his opinion, drug abuse punishment or discharge would be better than being seen for a traumatic event.  He claimed his post military life has been filled with ups and downs and his symptoms still exist but are being better managed and he rarely finds the need to use marijuana to help him sleep.  Due to his service characterization he is unable to find meaningful employment.  He has been diagnosed by the VA with a variety of conditions and been given a disability rating of 30% for generalized anxiety and a total disability rating of 80%.  

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?  
In his application, the applicant stated he was robbed at gunpoint on 2 July 2020.  He denied having a mental health condition in service, and reported during his discharge processing that his marijuana use was a one-time unintentional exposure at a party.  The applicant reported in his personal statement that post-service he has become introverted and during VA appointments he has specifically stated that no mention of the traumatic events be listed in his medical history. 
 
2. Did that condition exist/experience occur during military service? 
The applicant submitted information in his application that conflicted with evidence in his medical records.  The applicant submitted a police report from 30 June 2019 with somewhat similar circumstances to those that are detailed in the application. 

The applicant maintained throughout his discharge processing that his marijuana use was an “accidental exposure” at a party.  The applicant stated in his application that he avoided the issue [of the robbery] by self-medicating himself with alcohol and marijuana.  He initially began drinking to help him sleep, but due to other medical issues, this was not a viable option so, he turned to marijuana.  Marijuana use at night helped him sleep and alleviated his symptoms.  He further stated no one in his chain of command knew of his mental health issues or self-medicating solution and he intended to keep it like that because an official diagnosis would have been worse.

The applicant stated in his personal statement that he began having sleep issues shortly after [the robbery].   However according to available records, the applicant was seen in February and April 2019 for reports of sleep disturbance and received sleep medications with reported positive effect. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
There is evidence, and the applicant acknowledges in his personal statement, he was not truthful about the circumstances surrounding his substance use or the impact on his mental health that being robbed had.  The applicant denied any functional impacts of the robbery on his ability to perform his duty and declined all referrals during his time in service.  Based on the available evidence and records, and the applicant’s acknowledgement that he provided an inaccurate account of the circumstances surrounding his discharge, there is no evidence of impropriety or inequity in the applicant’s discharge processing.  Also, there is no evidence that the applicant had a mitigating mental health condition or experience in service prior to his misconduct

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s condition or experience 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) 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 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 7 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)