AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00077	
					
SUMMARY: 

The applicant was discharged on 8 November 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.

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 an Article 15.  His misconduct included: Wrongful use of marijuana

The applicant stated no contentions. He requested an upgrade so that he may use the GI Bill. His justification was that he wanted to help the people that helped him. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Additionally, there is nothing in the record to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service. The discharge received was deemed 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 made no contentions on his application; he submitted one medical record from 2022 which he titled “proof of mental hardships” as substantiating evidence and requested his discharge be upgraded “in order to use my G.I. Bill”.   
 
2. Did that condition exist/experience occur during military service? 

Based on the evidence submitted by the applicant, as of 2022 the applicant is diagnosed with Alcohol Use Disorder, Bipolar II, and Cannabis Use Disorder. The applicant made no claims about having a mental health condition in service; based upon a review of the applicant’s records the applicant was discharged due to drug use. There is no evidence the applicant sought or received any mental health treatment during his time in service. There is evidence the applicant was referred to ADAPT upon discovery of his substance use.

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

Based on the available records, the applicant was discharged due to drug use. Based on the records submitted by the applicant, the applicant continues to use drugs. There is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant exhibited any clinical significant features of an underlying mental health condition that led to the applicant’s drug use in service. There is no evidence a mental health condition caused or mitigated the misconduct that led to the applicant’s discharge.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated or excused, it 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 factors listed in paragraphs (6)(a)-(6)(l) of this memorandum. 

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 13 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)