AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00528	
					
SUMMARY:  The applicant was discharged on 22 March 2016 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of her discharge characterization, a change to the discharge narrative reason, and a change to the separation code.  The board was conducted on 25 January 2022.

The applicant initially chose to have a personal appearance before the Air Force Discharge Review Board (AFDRB), but due to lack of response from the applicant in regards to scheduling the appearance, the President of the AFDRB authorized a review of the discharge, per DOD 1332.8, E3.2.6.2.  The applicant did not have a prior records only review, therefore, the board deemed her eligible for one.  The applicant was 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 AFDRB, 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 Letter of Reprimand for wrongful use of marijuana.    

The applicant contended, through counsel, her discharge was inequitable and should be upgraded because her undiagnosed depression mitigated her misconduct.  She claimed her misconduct was a direct by-product of her exposure to significant trauma while deployed to Afghanistan.  She further claimed, since the time of her discharge, she has been diagnosed with Major Depressive Disorder (MDD) as a consequence of her military deployments.  Finally, she claimed her experiences while deployed had a debilitating impact on her mental health and her subsequent development of MDD serve as a mitigating factor when evaluating her misconduct.  

A review of the service record revealed there is evidence the applicant sought mental health treatment during her time in service for issues related to her mood, sleep, and difficulty regulating her emotions.  There are also records to substantiate that the applicant sought mental health treatment prior to her deployments and after both deployments.  There is also evidence the applicant was predisposed to mental health issues for conditions that existed prior to service and said mental health issues were aggravated by her military service.  Therefore, the Board determined there was sufficient evidence in her records to corroborate the applicant’s contention that she reported using marijuana to cope with undiagnosed MDD.  

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 physician, clinical psychologist, or 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 have a condition or experience that may excuse or mitigate the discharge?
Yes.  The applicant contended, through counsel, that the applicant’s “Major Depressive Disorder existed during her military service.”  There is evidence the applicant sought treatment for mental health conditions during her time in service.
 
2. Did that condition exist/experience occur during military service? 
Yes.  There is evidence and records to suggest the applicant sought treatment for and was diagnosed with major depression, single episode, and occupational problems while in service.  There is also evidence the applicant (through counsel) and the mental health provider noted these conditions Existed Prior To Service (EPTS).  However, there is evidence the applicant’s EPTS conditions may have been aggravated by military service as she reported to mental health providers in service she was having increased difficulty regulating her mood and emotional states upon return from her second deployment.  

3. Does that condition or experience actually excuse or mitigate the discharge? 
Yes.  The applicant admitted she suffered a major depressive episode prior to entering the service and that her symptoms gradually improved and she was at her psychiatric baseline at the time of her enlistment; indicating her mental health symptoms were likely related to EPTS mental health conditions.  However, the applicant’s mental health records also indicate a mitigating nexus between the applicant’s mental health condition and her misconduct that can be associated with deployment related trauma and experiences. 

4. Does that condition or experience outweigh the discharge? 
Yes.  Since there is evidence the applicant’s mental health condition mitigated the misconduct that led to her discharge, her condition outweighs 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.”

Medical Board Member Opinion:  There is evidence the applicant sought treatment during her time in service for mental health conditions that were aggravated by military service associated with deployment experiences.  

FINDING:  The AFDRB voted unanimously to approve the applicant’s request to upgrade her discharge characterization to Honorable.  The DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use, therefore the DRB voted unanimously to disapprove the applicant’s request to change the discharge narrative reason to Secretarial Authority, and the associated separation code.  The DRB also voted unanimously to disapprove a change to the applicant’s 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 inequitable.  Therefore, the awarded characterization of service shall be Honorable.  The narrative reason for separation shall remain Misconduct (Drug Abuse) with a corresponding separation code of JKK and the reentry code shall remain 2B.  The applicant may choose to appeal this decision by exercising the right to make a personal appearance before the AFDRB or by applying directly to the Air Force Board for Correction of Military Records.   The AFDRB results were approved by the board president on 2 February 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: AF 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)