AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00676	
					
SUMMARY: 

The applicant was discharged on 19 February 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 was 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.  His misconduct included: On divers occasions, wrongfully distributed some amount of marijuana.

The applicant through counsel contended that there are three reasons this request should be granted. First, that the quality of the applicant’s prior service renders the discharge inequitable. Secondly, the fact that the Air Force did not find that the applicant ever used drugs, the applicant denied ever using drugs, there were no drugs or paraphernalia found in his home, car or person, and the urinalysis showed no evidence of drug use. The applicant also stated that the purchase of marijuana was legal under state law. Finally, the applicant stated that his post-service conduct warrants an upgrade. 

After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug abuse. Although the applicant may have not personally used the drug, his purchase and distribution of the drug, is unlawful for any military member, no matter the location. The DRB acknowledges the applicants accomplishments since leaving the Air Force.  However, the Board reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant any changes to the discharge.  

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 20 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)