AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00010	
					
SUMMARY: 

The applicant was discharged on 31 December 2019 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 requested the board be completed based on a records review only review.  The applicant was not 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.  

The applicant’s record of service included a Letter of Reprimand for wrongful use of marijuana.  

The applicant contended he was in a mental health crisis at the time of his discharge.  He disclosed during a mental health session that he used marijuana and that this disclosure should have remained confidential.  He was under mental health care to treat depression and anxiety and it was difficult for him to get the proper medication to treat his symptoms.  He claimed since his discharge he has been in treatment with the VA and is now receiving the medication he needs.  

A review of the applicant’s record revealed he disclosed to his mental health provider that he used marijuana on approximately three or four occasions.  He also acknowledged he was aware marijuana use was grounds for discharge and that it was his desire to be separated from the Air Force.  An evaluation was conducted through the ADAPT program and the provider concluded he did not have a marijuana use disorder and was fully capable of controlling his marijuana use.  The applicant claimed in his response to the discharge action that he was using marijuana to cope with physical pain symptoms he was experiencing.  He also claimed that he only disclosed his drug use because he no longer wanted to use drugs and was seeking treatment to help him.  The ADAPT counselor determined that the applicant did not disclose his drug use with the intention of seeking treatment.  Therefore, the DRB concluded that in accordance with AFI 44-121, ADAPT Program, paragraph 3.8.1.4, disclosures of drug use that are not made with the intention of seeking treatment are not given the limited protections afforded by the instruction.
 
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 contend that a condition or experience may have excused or mitigated their misconduct or discharge?  
The applicant contended he was in a mental health crisis at the time of his discharge.  He disclosed information to his mental health provider in a private treatment session that was provided to his unit commander.  He claimed he was getting help to treat depression and anxiety through therapy and medication.

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant sought and received mental health treatment in service.  There is also evidence the applicant received the diagnoses of adjustment disorder and primary insomnia due to a medical condition during his time in service. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant was discharged for drug use.  Based on the available records, there is evidence the applicant signed consent for treatment which detailed the disclosure policy for service members and when command is required to be notified in accordance with DoD and Air Force policies.  The applicant indicated in his response to discharge notification that he was using marijuana to deal with physical pain in his neck, back, and knee.  There is also evidence the applicant reported sleep difficulties related to his physical pains, and it is also noted the applicant had a pre-service history of marijuana use, which may explain the applicant’s drug use, but it does not mitigate the applicant’s misconduct. Based on review of the available records the applicant indicated to his medical and mental health providers that he wanted out of the Air Force and knew that drug use would result in his discharge.  

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s discharge is not mitigated 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 and did not find any evidence of error or impropriety.

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 characterization of service shall remain, the narrative reason for separation shall remain, and the reentry code shall remain.  The AFDRB results were approved by the board president on 5 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)