AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00131	
					
SUMMARY: 

The applicant was discharged on 26 October 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.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 26 July 2022. No witnesses were present to testify on the applicant’s behalf. 

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 Letter of Reprimand.  His misconduct included:  Admitted to smoking spice on two different occasions in 2009.

The Applicant through counsel contended that the command made an error in discretion. 

During the personal appearance, the applicant through counsel detailed of the incidents in question. They stated that he first tried spice after a friend let him try it at his apartment after a return from deployment, saying that he smoked it while deployed. He said that nothing seemed illegal as someone who outranked him, offered it. Additionally, it was in a package that could be bought from a convenience store. He said he then tried it one more time at a beach and received it from the same person. He noted that it wasn’t that good and didn’t feel any euphoria from it and this was the last time he used spice. The applicant and counsel also highlight that there was no basis for discharge under article 112a because when the member used it, it was not illegal anywhere. The counsel concluded that the member has been unjustly stigmatized as a drug abuser when he did nothing illegal. 

The DRB determined that the discharge was unjust. Specifically, there was insufficient evidence to discharge this member for drug abuse, because at the time of the admitted use, spice was not classified as an illegal substance by the Drug Enforcement Administration (DEA) nor by the United States Federal government. The board also noted the applicant’s candor, and his success in life since leaving the military, despite the discharge he received. 

FINDING:  The DRB voted unanimously approve 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 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 Improper. Therefore, the awarded characterization of service shall change to “Honorable”, the narrative reason for separation shall change to “Secretarial Authority”, and the reentry code shall change to “3K”. The AFDRB results were approved by the board president on 26 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)