AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00119	
					
SUMMARY: 

The applicant was discharged on 6 February 2017 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 was not represented by counsel and requested the board be completed based on a records only review.

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 Letter of Reprimand.  His misconduct included:  wrongful possession of marijuana and drug paraphernalia; willfully and wrongfully damaged property of another by throwing it against the wall, with a value of about $400; and wrongfully confined another Airman against her will. 

The applicant did not contend impropriety or inequity. He requested an upgrade because he wishes to access the GI Bill. The applicant stated that he upheld his core values, put integrity first and took responsibility for his actions. He concluded by explaining that he was battling some mental health issues after transition to Dyess AFB, and so he sought refuge in using marijuana, which he had done prior to enlisting. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The Board saw no information to indicate that the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. The Board acknowledges the applicant’s present service characterization renders him ineligible for Department of Veterans Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

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.  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? 

The applicant contended “I was battling some mental health issues after the transition to Dyess, AFB, and sought refuge in what I knew had previously helped prior to enlisting. I was offered to stay at Dyess, AFB as the urinalysis came back negative. My section lead at the time also pulled me aside and mentioned that he could use a guy with my integrity in the squadron, but I had my sights set on separation.” 
 
2. Did that condition exist/experience occur during military service? 

Based on a review of the applicant’s records, there is evidence the applicant received mental health treatment during his time in service. The applicant’s records revealed that his mental health provider referred him to ADAPT. The applicant’s medical records revealed the applicant received the diagnoses, in service, of adjustment disorder with mixed anxiety and depression, and alcohol abuse.   

3. Does that condition or experience actually excuse or mitigate the discharge? 

The applicant was discharged due to drug use. A review of the applicant’s records and testimony provided on the application revealed the applicant wanted out of the military. Based on a review of the applicant’s records, the applicant denied pre-service drug use; the applicant stated on his application testimony that he “sought refuge in what I knew had previously helped prior to enlisting.” There is no evidence the applicant was unaware of the Air Force policy on substance use. There is evidence the applicant had multiple acts of misconduct during his time in service. The applicant stated in his application that he was “battling some mental health issues after the transition to Dyess AFB” but did not provide any clarifying information about the impact of these mental health issues such as the nature of the mental health issue, timeline, and impact of these issues. Based on a review of the applicant’s service records, the applicant requested closure to substance abuse services in April 2014 and the mental health provider noted the applicant’s endorsed symptoms of adjustment disorder were resolved in February 2014. There is no evidence or records the applicant exhibited any clinically significant indicators of a mental health condition after February 2014.   There is no evidence of a nexus between the applicant’s in-service mental health conditions and the misconduct for which he was discharged. 

4. Does that condition or experience outweigh the discharge? 

Based on a review of the applicant’s records, the applicant concurred with his discharge and agreed his characterization was appropriate. Because the applicant’s discharge is not mitigated or excused, it is also 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) and (7)(a)-(7)(r) of this memorandum.

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 and medical records, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain “General”, the narrative reason for separation shall remain “Misconduct (Drug Abuse)”, and the reentry code shall remain “2B”. 

The AFDRB results were approved by the board president on 16 November 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)