AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00684	
					
SUMMARY: 

The applicant was discharged on 27 December 2019 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’s record of service included multiple Article 15s.  His misconduct included:  Failed to go at the time prescribed to appointed place of duty; drove with a suspended driver’s license even after being issued a lawful order not to do so by an SNCO; wrongfully used THC, a schedule I controlled substance; Wrongfully possessed THC; wrongfully possessed THC at his workplace in an electronic vaporizer; wrongfully possessed THC within his personal vehicle. 

The applicant states that his outstanding accomplishments and leadership as an Airman Basic in his squadron should not go unnoticed. He added that he was involved in the squadron and everyone spoke highly of him. The applicant explained that due to the death of a cousin, he suffered from depression for months. Additionally, he stated that while in the hospital after an accident, he was left all alone and his supervisor didn’t even to come see him to see if he was alright. Lastly, he explained that after he dislocated his shoulder and he was in pain for weeks or months and no one in his leadership believed him. The member concluded that his discharge was inequitable because of the significant trauma he experienced.  This is why he is requesting an upgrade to General, so that he will be eligible for disability. 

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 no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. The Board agreed that the applicant’s blatant disregard for the Air Force’s zero drug use policy warranted a discharge of this severity. The DRB concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members.  

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 contends he was devastated and suffered from depression subsequent to receiving a phone call notification that his cousin had died on March 21, 2019. The applicant also contended “I feel strongly as though my discharge was inequitable because of the significant trauma experienced prior”.  

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

There is evidence the applicant was referred for additional mental health assessment in WOT0 subsequent to reporting pre-service trauma and substance use. The applicant indicated he was motivated for continued military service and denied any residual effects of his experiences on his ability to continue in service. The applicant was determined to be suitable for continued service. There is evidence the applicant was seen for normative stress relating to his transition to active duty. 

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

Liberal consideration is not required for EPTS conditions which are determined not to have been aggravated by military service There is no evidence the applicant’s EPTS condition of post-traumatic stress symptoms were aggravated by military service. There is no evidence the applicant was diagnosed with or had any mental health conditions in service. 

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)(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. 

The use of marijuana and other THC related products have been legalized in many states, and therefore society deems the use less severe now, however, the use of marijuana and similar products are illegal for use in the military, and the applicant has been aware of this policy since entering into military service. 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to General or 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 remain 2B. The AFDRB results were approved by the board president on 15 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)