AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00112	
					
SUMMARY: 

The applicant was discharged on 3 August 2018 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 and a vacation of suspended nonjudicial punishment.  His misconduct included:  Willfully failed to refrain from using tobacco; willfully failed to refrain from sexually harassing another member; unlawfully touched another on the hips with his hands; unlawfully touched another on the lips with his hand; between 1 May and 8 June, wrongfully used Alprazolam, a schedule IV controlled substance; between 8 June and 18 June 2018, wrongfully used Alprazolam, a schedule IV controlled substance. 

The applicant stated that a series of unfortunate circumstances during his time in service influenced him to act abruptly. He explained that the stress of trying to keep everyone together as a flight leader got to him so bad that he tried to cope with drinking and other substances. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. There was nothing in the record 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 boxes for “PTSD” and “Other Mental Health” on his application. The applicant stated in his application “Unfortunately, the pressure of trying to keep everything balanced had begun to stress me out, which then started to affect my mental health and caused a major interference in my judgement/leadership skills”. The applicant also stated “…the stress of trying to keep everyone together got to me so bad that I tried to cope with drinking and other substance.” 

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

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. The applicant stated “due to a series of many unfortunate circumstances at my time of services had influenced me to act abruptly.” The applicant did not specify what his “series of unfortunate events” were or when they occurred. A review of the applicant’s records reveal no evidence to substantiate the applicant’s contention that he was diagnosed with or exhibited any clinically significant indicators of a mental health condition during his time in service. 

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

Based on a review of the applicant’s records, the applicant received an Article 15, a vacation action, and another Article 15 during his eleven months and five days in service. The applicant’s misconduct included violence against others which is generally excluded from liberal consideration. Additionally, 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 that led to the applicant’s discharge. 

4. Does that condition or experience outweigh the discharge? 

There is no evidence to substantiate the applicant’s contention that he had a mental health condition in service. 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 following applicable factors listed in paragraphs (7)(a)-(7)(r) of the “Wilkie memo:”.

(7)(d).  Positive or negative post-conviction conduct, including any arrests, criminal charges, or any convictions since the incident at issue;

The board noted that the applicant has had multiple drug issues since the discharge, including overdosing twice. 

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 14 July 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)