AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00085	
					
SUMMARY: 

The applicant was discharged on 13 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, 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 used marijuana. 

The applicant through counsel contended that, based on his commendable service and the only act of misconduct was an attempt to self-medicate due to mental health conditions and insomnia, he deserved an Honorable discharge.

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, through counsel, contends the applicant “received diagnoses of adjustment disorders, depression, insomnia due to depression, and other mental health conditions from multiple licensed clinical personnel during his service.” 

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

There is evidence the applicant sought and received mental health treatment during his time in service, and received the diagnoses of adjustment disorder with mixed anxiety and depression, insomnia, and dysthymic disorder. 

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

The applicant, through counsel, contends that he smoked marijuana to self-medicate his insomnia and depression. Based on the available records, there is evidence the applicant also used marijuana for social/recreational purposes on more than one occasion. The applicant stated in his personal statement “while I understand the rules and standards for drug use in the military, I believe the punishment was unnecessary and severe.” The applicant also stated in his personal statement “I was concerned about medical separation or discharge. I was struggling to make a positive progression with my treatment. My provider informed me that a medical evaluation would occur if I did not display signs of progress toward recovery.” These statements appear to be indicative of the applicant’s preference (and subsequent choice) to engage in drug use versus healthcare. Based on the available records, at the time the applicant reported to investigators he was using marijuana, he was intermittently receiving services at the Mental Health Clinic. Based on the available records, the applicant acknowledged to the mental health providers he was not taking the medications as prescribed and he reported he believed his coping skills, mood and overall functioning to be satisfactory, and reported his childhood trauma issues to be resolved. Based on the available records and the applicant’s statements in this application, there is no evidence the applicant’s condition had risen to the level of unfitting (in which he would have been considered for a medical board); furthermore, the applicant reported he was excelling in his job duties and was cleared for a Top Secret clearance by mental health. Upon review of the available records and evidence, there is no mitigating nexus between the applicant’s mental health condition and his choice to use drugs, which lead to his discharge. 

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s mental health condition does not mitigate his discharge, his 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 factors listed in paragraphs (6)(a)-(6)(l) of this memorandum, and concluded the following with regard to this factor: 

(6)(h).  Requests for relief based in whole or in part on a mental health condition, should be considered for relief on equitable, injustice, or clemency grounds whenever there is insufficient evidence to warrant relief for an error or impropriety.

The applicant’s contentions were based on a mental health condition, however, after a thorough review by the Boards Clinical Psychologist, it was determined that there was not a nexus between the mental health condition and the use of marijuana. 
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 4H. The AFDRB results were approved by the board president on 17 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)