AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00069	
					
SUMMARY: 

The applicant was discharged on 24 January 2007 in accordance with AFI 36-3208 with a General Discharge for Misconduct. 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 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/s, a Letter of Reprimand, and multiple Letters of Counseling.  His misconduct included:  On divers occasions, wrongfully used marijuana; reported 20 minutes late for duty; failed to report to directed duty section, and reported 60 minutes late for duty.

The applicant stated that his discharge was unjust and has caused significant damage to his career growth and has been causing strain on his mental health. He explained he was coerced in to telling investigators untrue information that they wanted to hear, with promises that nothing would happen to him. The applicant continued to explain that the General discharge has hindered him from being a police officer and serving his community. During the personal appearance, the applicant highlighted that during the investigation, he was led to believe that he was in no trouble, and he just put down whatever they wanted him to say. He said he didn’t really know what he was doing and was unfamiliar with the process. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. After a review the documentation and listening to the applicant’s testimony, the Board determined there was insufficient evidence contrary to the member’s own statement during the investigation, to prove that he was innocent of the misconduct.   

LIBERAL CONSIDERATION:

The Board included a member who is a physician, clinical psychologist, or psychiatrist, however it was determined that Liberal Consideration would not apply in this situation. This is because; the applicant did not contend any mental health issues during service. The member explained during the personal appearance, that due to the discharge, he has had mental health issues post-service. He also clarified that he did not have any issues during service. 

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 this factor: 

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. 

Although use of marijuana in the civilian sector has been viewed as less severe due to the recent state legalizations, it is still illegal for those in the military. The severity of this misconduct has not changed. 

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”, and the reentry code shall remain “4H”. The AFDRB results were approved by the board president on 22 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)