AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00088	
					
SUMMARY: 

The applicant was discharged on 25 April 2011 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 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 multiple Article 15s.  His misconduct included:  Wrongful use of spice; failed to refrain from operating a vehicle while driving privileges were suspended.

The applicant stated no contentions or details regarding the discharge. He stated that he suffered from undiagnosed PTSD from his time deployed. 

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, 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 checked the box for “PTSD” on his applicant and wrote one line on his application that stated “suffer from undiagnosed PTSD from my time deployed.” 

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

The applicant did not submit any testimony or supporting documents to substantiate his claim. Based on the available records, there is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant received any mental health diagnoses during his time in service, including PTSD. There is no evidence, based on review of the applicant’s records that he exhibited or reported any clinically significant indicators of PTSD or any other mental health condition during his time in service. 

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

The applicant contended he “suffer[s] from undiagnosed PTSD from my time deployed.” The applicant was discharged due to misconduct. Based on the available records, the applicant had documented misconduct, including an article 15, prior to his deployment.  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 PTSD, or any other mental health condition, during his time in service. There is no evidence a mental health condition caused or mitigated the misconduct(s) that led to the applicant’s discharge.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated, 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 each 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 checked the “PTSD” box and indicated that he suffered undiagnosed PTSD from this deployment. However, the applicant stated no testimony nor presented any records to substantiate the claim of PTSD. After a thorough review of the applicant’s records, the board found no evidence that the applicant sought or received mental health treatment, nor was he diagnosed with a mental health condition, including PTSD. 

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 21 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)