AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00527	
	
SUMMARY:  The applicant was discharged on 25 August 2020 in accordance with AFI 36-3208 with an Under Other Than Honorable (UOTHC) discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of her discharge characterization, a change to the discharge narrative reason and associated separation code, and a change to the reenlistment eligibility code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 15 February 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 contended her discharge was inequitable because her drug use was a one-time incident and a mistake she made while under the influence of alcohol.  She further contended she was young at the time of the incident and freely admitted to using drugs when discovered; which was indicative of her integrity. 

A review of the record indicated the applicant tested positive for cocaine during random drug urinalysis.  She was interviewed by the Office of Special Investigation and she, admitted to using cocaine at a party.  She claimed she was very intoxicated at the party and a random person offered her a white powdery substance.  She further claimed she only consumed a small amount of the substance and never felt the effects of the drug.  

Court-martial charges were preferred against the applicant and a subsequent Article 32 hearing determined there was probable cause to proceed with a court-martial.  The applicant submitted an offer for alternate disposition of her court-martial charge, she agreed to accept nonjudicial punishment, and she unconditionally waived her right to an administrative discharge board in exchange for the convening authority withdrawing and dismissing the court-martial charge.  The applicant received nonjudicial punishment for wrongful use of cocaine.  After the applicant acknowledged she could receive a UOTHC characterization if she was administratively discharged from the Air Force, her leadership completed the process for her administrative discharge with a UOTHC characterization. 

The DRB acknowledged the applicant’s claim that her youth at the time of the discharge impacted her decision.  However, the Board noted she was no younger than the vast majority of first-term Airmen and new officers who properly adhere to Air Force standards of conduct.  Therefore, the board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members.

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 clinical psychologist/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? 
No.  The applicant made no claims or contentions that a mental health condition or experience caused or mitigated the misconduct that led to her discharge.  Also, there is no evidence or any records that indicate a mental health condition caused or mitigated the misconduct that led to the applicant’s discharge.  

2. Did that condition exist/experience occur during military service? 
There is no evidence nor are there any records that a mental health condition existed during military service.

3. Does that condition or experience actually excuse or mitigate the discharge? 
Because there is no evidence or any record of a mental health condition, there is no condition or experience that can excuse or mitigate the discharge.

4. Does that condition or experience outweigh the discharge? 
Because there is no evidence or any record of a mental health condition, there is no condition or experience that can outweigh the discharge.

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 did not find any evidence of error or impropriety.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her 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 and associated code for separation shall remain and the reentry code shall remain.  The AFDRB results were approved by the board president on 25 February 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)