AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00612	
					
SUMMARY: 

The applicant was discharged on 16 March 2021 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 10 February 2022.

The applicant was represented by counsel.    

The applicant requested the board be completed base on a records review 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 a Letter of Reprimand.  His misconduct included: providing a urine sample which tested positive for Benzodiazepines while at a medical center.  

The applicant stated that he self-identified at a medical center. He would like an upgrade of the Character and Narrative reason so that he can use his educational benefits. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  There is evidence to indicate the applicant’s chain of command considered the applicant’s contention, at the time, that he should not be discharged based on his claim that he self-identified for drug use.  However, the applicant’s leadership determined that the applicant did not voluntarily disclose drug abuse pursuant to seeking treatment for drug abuse and is therefore not covered by the limited protections  The applicant did not present any further evidence to indicate that his chain of command conducted the discharge process in a way that was unfair or improper.  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 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, in his response to his discharge notification, “I knew that I needed help with mental health and for drug abuse, and I am ashamed that I was driven to abuse a prescription that was not my own when I was suffering.” There is evidence the applicant was diagnosed with a mental health condition in service and there is evidence the applicant was in the ADAPT program at the time of his additional disclosure of drug use. 

2. Did that condition exist/experience occur during military service? 

There is evidence the applicant received a mental health diagnoses during his time in service. The applicant’s diagnosis at the time of discharge was Borderline Personality Disorder, Narcissistic Personality Disorder, and Alcohol Dependence, Severe.

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

The applicant was discharged due to drug abuse. Although the applicant’s mental health condition(s) may have caused the misconduct that led to his discharge, it does not excuse it. The applicant’s mental health conditions were unsuiting for military service and resulted in administrative separation. The applicant’s substance use disorder was an unsuiting condition as it was determined to have no associated underlying unfitting mental health condition.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s mental health conditions do not excuse the discharge, they do not outweigh the discharge. There is no evidence of inequity or impropriety in the applicant’s discharge processing. 

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)(h).  Requests for relief based in whole or in part on a mental health condition, should be considered for relief on equitable, injustice, or clemency grounds whenever there is insufficient evidence to warrant relief for an error or impropriety.

Although the member did have a mental health condition and this condition may have caused the misconduct, it does not excuse the infraction. The board determined the discharge was proper and equitable.  

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 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 17 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)