AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00092	
					
SUMMARY: 

The applicant was discharged on 2 March 2021 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge narrative reason.

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: on divers occasions, wrongfully used marijuana.  

The applicant stated that he was falsely accused of using marijuana, which was based on testimony of someone who was convicted of drug use. He explained that there was no evidence of him using drugs and none of the government witnesses ever witnessed him doing drugs. The applicant highlighted that the person who said he did drugs later admitted that he was lying about it, but he was still given an Article 15. The applicant explained that he chose to take the Article 15 to speed up the investigation but maintained his innocence. He concluded that his ADHD interfered with his ability to understand and process what was going on and how accepting the Article 15 would affect 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. The Board determined that there was insufficient evidence contrary to what is in the record in regards to the misconduct. 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 contended “If I knew accepting the Article 15 would get me kicked out of the Air Force, I would of never accepted and forced the Commander to go to Court Martial. All this tied with my adult ADHD (combined) interferes with my ability to understand and process what was going on and how I would be impacted by simply accepting the commanders NJP.” 

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

There is evidence the applicant sought and received mental health care during his time in service. The applicant contended he has ADHD and the ADHD impaired his ability to comprehend the legal proceeding. There is evidence the applicant was diagnosed with ADHD pre-service and was treated with medications prior to service. The applicant’s diagnosis of ADHD is an EPTS condition and is excluded from liberation consideration. There is no evidence of service aggravation.

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

In addition to the applicant’s claimed mental health condition being an EPTS condition (and excluded from liberal consideration) the applicant disputes that he committed the misconduct that led to his discharge, which would render mitigating factors null, as the applicant contends he did not commit the misconduct and thus does not need mitigation. Because the applicant’s claimed mental health condition is EPTS (with no evidence of service aggravation) and because the applicant denies committing the misconduct, mitigation is not requested by the applicant.

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. 

(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 stated that the ADHD impaired his ability to understand, and that if he would have known that accepting the article 15 would have led to his discharge, he would have taken it to Court Martial. This condition existed prior to service and there is no evidence of service aggravation, therefore Liberal Consideration is not applied to this situation.  

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)