AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00087	
					
SUMMARY: 

The applicant was discharged on 8 January 2021 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 a Special Court Martial order, Letters of Reprimand, and a Letter of Counseling.  His misconduct included: On divers occasions, used cocaine; wrongful possession of cocaine; failed to complete assignments given by ADAPT; and failed a physical fitness exam.  

The applicant explained that due to peer pressure and social anxiety, he gave in to using cocaine during multiple occasions at parties, and confessed to OSI that he used it 6 times. The member also stated that he was offered ADAPT, was told he didn’t have a drug addiction, was subsequently treated for alcohol issues and discharged. Additionally, the applicant stated that the board should consider that he was diagnosed in high school with mental health conditions, including ADD. He also added that post-service, he was diagnosed with ADHD.

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 saw no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. 

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 partied with people he did not know “due to peer pressure and social anxiety, I gave in and did cocaine. This happened a few times over a few months hanging out with this same crowd.” The applicant also stated in his personal statement “Also taken into consideration should be, I was diagnosed in high school with mental health conditions to include ADD. During my military service, they stated I do not show symptoms of ADD and changed my diagnosis. After my discharge, I was diagnosed with ADHD and since have been [prescribed/using?] Adderall to help control my symptoms.” 

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

Based on review of the applicant’s records and the information submitted in his application, the applicant indicated he was diagnosed with ADD in high school; there is no evidence, and the applicant reports he did not disclose this condition at MEPS. There is evidence the applicant received mental health services during his time in service, to include psychological testing for diagnostic accuracy. Based on review of the testing and interpretation, the applicant did not meet criteria for Attention Deficit Disorder during his time in service. The applicant was diagnosed with Occupational problem. The applicant was also diagnosed with Alcohol Use Disorder, Mild, during his time in service, and completed level one treatment. Based on review of the records, no underlying mental health condition was associated with the applicant’s substance use. For awareness, in addition to the applicant’s contended mental health condition of ADD being an EPTS condition in this applicant’s situation, even if the applicant would have had a diagnosis of ADD in service, ADD is an unsuiting condition that would result in an administrative discharge. The applicant received an administrative discharge. 

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

Based upon the applicant’s statements in his application, he chose to use cocaine while partying and “due to peer pressure and social anxiety”; these are not mitigating mental health conditions. The applicant was discharged from service less than two years ago and  had multiple treatment team meetings with his leadership during his time in both mental health and ADAPT; there is evidence the applicant’s mental health condition was well known to his leadership, and thus was given adequate consideration at the time of his discharge. Based on the available records and evidence there is no nexus between the applicant’s mental health condition and the misconduct (drug use) that led to his discharge.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated by a mental health condition, 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, and concluded the following with regard to this factor: 

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 indicated he was diagnosed with ADD in high school. This is an “existed prior to service condition” so Liberal Consideration cannot be applied in this instance. Additionally, during service, the applicant did not meet the criteria for ADD, rather, he was diagnosed with an occupational problem. Lastly, ADD is an unsuiting condition. These conditions are not cause for separation. Discharges resulting from unsuiting conditions are administrative in nature. Although the misconduct could have been caused by the condition, it is not mitigated by it.  

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 “Under Other Than Honorable Conditions”, 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 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)