AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00640	
					
SUMMARY: 

The applicant was discharged on 10 August 2021 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions Discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization.

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 stated that a UOTHC is not an accurate representation of who he was as an Airman in his 7 year career. He explains that he had numerous bouts of depression and suicidal thoughts and had been seeking mental health off and on since 2020. He stated that in a desperate attempt to alleviate his symptoms, he decided to self-medicate with marijuana. The applicant concluded that due to his current discharge, he is unable to seek the medical and mental health care through the VA, which has compromised his ability to survive in the civilian world. 

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 was nothing to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. The board acknowledges the applicant belief that his characterization was an inaccurate representation of his service.  However, the applicant waived his right to a hearing where he could have presented evidence to support his claim.  Also, with the waiver, the applicant acknowledged that he may receive a UOTHC characterization. Therefore, the conditions surrounding the applicant’s discharge were not inequitable or improper, and there was no basis on which to 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 a desperate and foolish decision to attempt to alleviate my mental anguish, I  self-medicated…to relieve my pain”. Per the applicant’s DD 214 he was discharged due to Misconduct (Drug Abuse). Per review of the applicant’s discharge package, the applicant tested positive for marijuana on divers occasions at increasingly higher concentrations.   

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

Based upon the records submitted by the applicant, there is evidence the applicant sought mental health treatment (BHOP) upon his return from deployments at various times related to frustrations with his belongings being disturbed/taken at the deployed location. There is evidence in the records submitted by the applicant that he reported suicidal ideations, depressed mood, and symptoms of anxiety to mental health clinic personnel related to disciplinary and administrative separation processes. 

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

The applicant was discharged due to Misconduct (drug abuse). Based upon a review of the applicant’s record, The applicant reported to MEPS a pre-service history of marijuana use. The applicant denied any mental health concerns or referrals on pre/post deployment screenings, and was appropriately utilizing resources for his mental health symptoms. The applicant did not demonstrate, nor is there any evidence based upon the available records of a nexus between the applicant’s repeated substance use and a mental health condition. 

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s condition does not excuse the discharge, it does not outweigh the 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 each 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.

The applicant contended that he used marijuana to self-medicate. There is evidence that the applicant sought mental health treatment while in service. However, the applicant did not demonstrate nor was there any evidence that his repeated substance abuse was related to a mental health condition. 

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 “UOTHC”, the narrative reason for separation shall remain “Misconduct (Drug Abuse)”, and the reentry code shall 2B. The AFDRB results were approved by the board president on 14 March 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)