AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00383 	
					
SUMMARY: 

The applicant was discharged on 24 May 2019 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 4 January 2023. A Witness was present to testify on the applicant’s behalf. 

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, a Letter of Reprimand, and a Letter of Counseling.  His misconduct included:  Dorm Found unsecured; found six empty bottles containing a substance suspected of CBD oil; wrongfully used a synthetic cannabinoid, commonly referred to as spice to alter mood or function.

The applicant explained that the change is requested to clear his name and have a second chance to show he has what it takes to be an Airman. The applicant stated that he took full responsibility but there was racial disparity as there were 4 other Airman involved in the same incident who were all were retained but were Caucasian. 

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 understood the applicant’s contention of racial disparity and thoroughly reviewed the evidence provided, however, there was not sufficient evidence to substantiate this contention regarding the applicant’s specific circumstance. The report highlighted disparity in the Air Force but is not specific to the applicant’s case and situation. Additionally, the applicant could not provide any details about the other Airman who he thought received a lesser punishment, who were involved in the misconduct. Without any evidence, the Board could not determine if any racial disparity existed in this case.  The applicant received punishment for his misconduct that was within the scope of the discharge authority and that was within the customary Air Force standards of discharges related to drug use.  Lastly, there was nothing to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service. The Board deemed that the discharge received by the applicant was appropriate. 

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 and equitable. 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”.   If the applicant wishes to appeal the AFDRB results, he can do so by appealing the AFDRB’s decision to the Air Force Board for Correction of Military Records by requesting clemency based on post-service activities and accomplishments.  The AFDRB results were approved by the board president on 6 January 2023.  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)