AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00177	
					
SUMMARY: 

The applicant was discharged on 9 April 2010 in accordance with AFI 36-3208, Chapter 4 with a General discharge in lieu of trial by court-martial.   The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason and associated separation code, and a change to the reenlistment eligibility code.

The applicant initially chose to have a personal appearance before the Discharge Review Board (DRB), but due to lack of response from the applicant in regards to scheduling the appearance, the President of the AFDRB authorized the completion of discharge review, per DOD 1332.8, E3.2.6.2.  The applicant did not have a prior records only review, therefore, the board deemed him eligible for one.  The applicant was represented by counsel.

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.  

Through counsel the applicant contended his otherwise honorable and exemplary military service and post-service conduct rendered his discharge inequitably harsh.  He claimed his drug use was an isolated incident that occurred at a time in his life that he was experiencing increased stressors and he was suffering from sleep deprivation due to a back injury.  He further claimed the issues he was experiencing significantly impaired his judgement and led him to use his wife’s prescribed Percocet to self-medicate.  Finally he claimed his post service conduct has been exemplary and further highlights the nature of this isolated incident. 

A review of the applicant’s record revealed he tested positive for a controlled substance during random urinalysis testing.  He admitted to investigators to taking his wife’s prescribed pain medications prior to the drug test.  He had court-martial charges preferred against him and he submitted a discharge in lieu of trial by court-martial request, which was subsequently approved by the separation authority. 

The Board concluded that the applicant made an informed decision when he requested the Chapter 4 discharge and that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable, to change the discharge narrative reason and associated separation code 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, the narrative reason for separation and associated separation code shall remain and the reentry code shall remain.  The AFDRB results were approved by the board president on 8 May 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)