AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00691	
					
SUMMARY: 

The applicant was discharged on 7 January 2015 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 and a vacation of suspended nonjudicial punishment.  His misconduct included:  incapacitation for duties due to overindulgence in an intoxicating substance and larceny. 

The applicant made no contentions that his discharge was improper or inequitable.  He accepted full responsibility for his actions that led to his discharge.  He claimed since his discharge he has been diagnosed with severe depression due to the dissolution of his marriage while on active duty and caring for his dying mother.  He further claimed he did not address his mental health in a positive manner during his last year of service and since his discharge he has received appropriate mental health services and has made positive changes in his life.  

A review of the applicant’s record revealed he was punished under Article 15, UCMJ for stealing cold medicine from the Base Exchange.  His punishment consisted of a reduction in rank from E-6 to E-5 and suspended forfeitures.  Two months later the applicant was incapacitated for his duties after overindulging in intoxicating drugs.  For this misconduct his suspended forfeitures were vacated.  He was command referred to the ADAPT program after stealing the cold medicine and was admitted to inpatient hospitalization for 
30 days.  He was admitted a second time for hospitalization after he was incapacitated for his duties.  He continued to use drugs and or abuse cough medicine after the second hospitalization and was deemed an ADAPT program failure.  He also had his base driving privileges suspended for operating a vehicle under the influence of intoxicating substances while his children were in the vehicle.  He was discharged for failure in the ADAPT program and drug abuse.

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 he has been diagnosed with severe depression post service.  He also stated he did not address his mental health issues in positive ways during his last year in the service which eventually resulted in his early separation from the Air Force.

2. Did that condition exist/experience occur during military service? 
There is no evidence the applicant was diagnosed with depression during his time in service.  There is evidence the applicant was diagnosed with psychoactive substance abuse, specified as over the counter medication/DXM during his time in service.  There is no evidence or records, and no additional substantiating information submitted by the applicant, to indicate the applicant had any underlying mental health conditions in service causing or contributing to his substance use condition.  

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant was discharged due to misconduct (drug abuse).  In the applicant’s response to the discharge notification, the applicant stated it was a shame he let his personal issues affect his career and he fully understood and agreed with the decision to discharge him from the Air Force. 

4. Does that condition or experience outweigh the discharge? 
Substance use is classified as an unsuiting condition and is incompatible with military service.  Since the applicant’s condition does not mitigate or excuse 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.

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)