AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00576	
					
SUMMARY: 

The applicant was discharged on 15 August 2011 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 Board was conducted on 3 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 and a Letter of Counseling.  His misconduct included: on divers occasions, wrongfully used spice and dereliction of duties by leaving CDC materials at work over the weekend. 

The applicant stated that he used spice to self-medicate while in the military because he was suffering from severe depression and anxiety. He stated that he had a very hard time adjusting in the military and was not well equipped to handle the stress and pressures that come with everyday life. He stated that he sought mental health treatment in the military but eventually sought unhealthy coping mechanisms while he watched fellow Airmen do the same but with legal substances. The member concluded that he regretted the choices, however is asking the board to consider that he was not a problem Airman. He states he would like to use the GI Bill. 

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 understood 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 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 suffering from severe depression and anxiety and used the drug to self-medicate.” There is evidence the applicant sought and received mental health treatment in service. 

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant sought and received mental health treatment during his time in service. The applicant reported to mental health providers that his symptoms were predominantly related to his dissatisfaction with his choice to join the military, his unhappiness with his AFSC, and his dislike of his duty location. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant was discharged due to drug abuse. The applicant stated in his application “I had a very hard time adjusting to life in the military and I was not well equipped to handle the stress and pressures that come with everyday life in the military. I sought unhealthy coping mechanisms while I watched my fellow airmen do the same thing, but with legal substances like alcohol, caffeine, and tobacco.” There is no evidence the applicant was unaware of the Air Force’s policy on substance use; there is no evidence, based on the available records, the applicant’s mental health condition caused, mitigated, or excused the misconduct that led to the applicant’s discharge.  

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s condition does not mitigate nor excuse his discharge, it does not outweigh his 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 these applicable factors: 

(6)(f).  Changes in policy, whereby a Service member under the same circumstances today would reasonably be expected to receive a more favorable outcome than the applicant received, may be grounds for relief.
The member was discharged for a violation of a General order published 15 April 2010, making the use of spice illegal. Today, it is no longer a General order; the guidance has been incorporated into the UCMJ. Specifically, Article 112a prohibits "marijuana and any compound or derivative of any such substance". Although there was this change in policy, any similarly situated Airman would receive the same consequence. 

(6)(j). Similarly situated Service members sometimes receive disparate punishments.  A Service member in one location could face court-martial for an offense that routinely is handled administratively across the Service. While a court-martial or a command would be within its authority to choose a specific disposition forum or issue a certain punishment, DRBs should nevertheless consider uniformity and unfair disparities in punishments as a basis for relief.
The Air Force has a zero tolerance policy on drug use, and only under special circumstances are Airmen guilty of this infraction, retained.  Similarly situated Airmen to the applicant, who do not meet the special circumstances, are subject to the same repercussions for the same type of misconduct.

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 10 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)