AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00696	
					
SUMMARY: 

The applicant was discharged on 17 February 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 marijuana.  

The applicant made no contentions his discharge was improper or inequitable.  He requested an upgrade to his characterization so that he may have access to VA educational benefits.

A review of the record revealed the applicant was punished under Article 15, UCMJ for wrongful use of marijuana. He stated in his response to the Article 15 that he was suffering from depression and used marijuana one-time only to help with his symptoms.  Since his discharge he has been diagnosed by the VA for an adjustment disorder with anxiety and rated at 30% for this condition.

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 checked the “other mental health” box on the application.  The applicant stated in his response to the discharge notification that at the time of his drug use he was in a deep state of depression and did not know what to do or how to cope.  He also stated in his response to the discharge notification that he made a bad decision to use drugs to cope with his personal problems and further drug abuse would not happen again because he would seek the assistance of helping agencies such as Mental Health and the Chaplain. 
  
2. Did that condition exist/experience occur during military service? 
There is no evidence the applicant sought or received mental health services at any time during his time in service.  There is no evidence the applicant was diagnosed with or exhibited any clinically significant indicators of a mental health condition at any time in service.  Based on the available records, the applicant was command referred to the ADAPT program due to a positive urinalysis screening at which time he reported he felt depressed due to a break-up with his girlfriend.  The records indicated the applicant was offered mental health services which he declined.  

3. Does that condition or experience actually excuse or mitigate the discharge? 
Based on the available evidence and records there is no evidence the applicant had any mental health conditions in service. 

4. Does that condition or experience outweigh the discharge? 
Because there is no evidence or records the applicant had any mitigating conditions or experience, his discharge is not outweighed.

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 on11 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)