AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00568	

SUMMARY: The applicant was discharged on 9 February 2018 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 Board was conducted on 1 February 2022.

The applicant was not represented by counsel.    

The applicant 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, a vacation of suspended nonjudicial punishment, and a Letter of Reprimand.  His misconduct included:  willfully consumed alcohol under the age of 21, failed to shave before duty; late to accountability which caused the member to be one hour late to training, failed to return to dorm by call of quarters, and use of marijuana

The applicant contends that he was dealing with severe depression at the time of using marijuana and alcohol. He states that he is doing what he can to fix his life. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Additionally, there was no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The Board determined that the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service. 

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? 
The applicant contended “I was dealing with severe depression at the time of my mistakes of using both marijuana and alcohol.” There is no evidence the applicant sought or received any mental health treatment in service; there is no evidence the applicant was diagnosed with any mental health conditions during his time in service.  

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant had pre-service medical and mental health conditions, including Oppositional Defiant Disorder. This is an unsuiting condition. There is no objective evidence the applicant had any mental health conditions in service. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
There is no evidence or records to suggest the applicant endorsed or exhibited any mental health symptoms during his time in service. There is no evidence the applicant was diagnosed with or exhibited symptoms of a depressive disorder during his time in service, and there is no indication that a mental health condition caused or mitigated the misconduct that led to the applicant’s discharge.

4. Does that condition or experience outweigh the discharge? 
Since there is no evidence the applicant had any mental health conditions in service, his conditions / experiences do not outweigh his original 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 concluded the following with regard to the applicable factor: 

(6)(g).  The relative severity of some misconduct can change over time, thereby changing the relative weight of the misconduct in the case of the mitigating evidence in the case. 
Although the use of marijuana has been legalized in many states and therefore perceived as less severe in civilian society, the military still has a zero tolerance policy for illegal drug use. Since the use of marijuana is still illegal and the severity has not changed in the military, there is no mitigating evidence in this case.  

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 “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 8 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: 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)