AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00065	
					
SUMMARY: 

The applicant was discharged on 24 June 2021 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of her discharge characterization and a change to the discharge narrative reason.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 14 June 2022. No witnesses were present to testify on the applicant’s behalf. 

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. Her misconduct included: on divers occasions, wrongfully used marijuana. 

The applicant stated that the drug abuse was due to the sexual harassment, racism and sexism she faced in the military. The member explained that she was sexually harassed by her supervisor, was touched inappropriately by him, and was chased after by him even after the member made it known she was not interested. She also believes that her witness was coerced into lying due to her legal troubles.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The Board noted that the applicant’s testimony was inconsistent with the information found in her record and application. Additionally, the Board recognized the applicant’s testimony regarding events that may have happened to her, however, the applicant did not provide any evidence to substantiate any of those claims. The characterization of the discharge received by the applicant was deemed to be appropriate.

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 “the drug abuse was a retaliation to sexual harassment; racism, and sexism faced in the military.” The applicant checked the boxes for “PTSD”, “other mental health”, and “sexual assault/harassment” on her application. The applicant also indicated in box 20 of the application (Is this request related to any of these wars or contingency operations?) that applicant listed “COVID-19 outbreak (mother almost past away); world war 3 scare; Attack on Al Kharj and other related events…”  

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

The applicant listed “text messages” and “medical docs” as substantiating evidence submitted in support of her claim; these referenced documents were not received and not available for review.   The applicant contended she experienced sexual harassment during her time in service but did provided only one written sentence of testimony in her application and did not provide any objective evidence, such as when this occurred. There is evidence the applicant received mental health treatment during her time in service. The records revealed the applicant was thoroughly evaluated for and did not meet criteria for PTSD during her time in service. The applicant was given the diagnoses in service of Adjustment disorder with mixed anxiety and depression, Borderline personality disorder, and malingering.  

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

The applicant was discharged due to drug use. Per the records and the applicant’s testimony at the personal appearance, the applicant reported an event of sexual harassment after she was notified of her discharge (for drug use). The testimony provided by the applicant was contradictory to the evidence in the applicant’s administrative and mental health record. During the personal appearance, the applicant did not provide any additional testimony or evidence regarding her experience of sexual harassment, and the applicant did not provide any testimony regarding the impact of this incident.  The applicant indicated her reasons for seeking mental health services during her time in service were due to family stressors, “world events”, the pandemic, and feeling like she sacrificed a lot during her deployment and belief that she has PTSD. A review of the applicant’s mental health record reveals the applicant was thoroughly evaluated for PTSD on multiple occasions by the military and also by a civilian psychiatric facility; at the “snapshot in time” of the applicant’s service, she did not meet criteria for a diagnosis of PTSD. Rather the applicant met criteria for the diagnoses of adjustment disorder, borderline personality disorder and malingering. The applicant’s personality disorder likely caused her behavioral and misconduct issues in service and are considered unsuiting and incompatible for military service. Personality disorders are conditions of a developmental nature- they are pervasive, stable, persistent, and often resistant to treatment. This condition may explain the applicant’s misconduct, but it does not mitigate the misconduct.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s mental health condition(s) and experience of sexual harassment do no mitigate her discharge, her discharge is also not outweighed. 

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 factor listed in paragraphs (7)(a)-(7)(r) of the “Wilkie memo:” 

a.  The applicant’s candor;  The Board noted that the applicant’s testimony during the personal appearance, was inconsistent with the information in the applicant’s service record and the information in her application.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her 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 16 June 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)