AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00097	
					
SUMMARY:  The applicant was discharged on 5 February 2014 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

The applicant was 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.  

Through counsel the applicant contended the command made an error of discretion at the time of his discharge.  The applicant’s contention was based on the fact that the applicant should have been considered for probation and rehabilitation (P&R).  The applicant contended the commander had the opportunity to use his discretion and recommend P&R instead of discharge.  The applicant acknowledged the seriousness of using drugs while serving in the military and claimed he only used drugs “as an escape.”  The applicant acknowledged he made a mistake to use drugs and claimed his coming out as gay was what influenced his decision to use drugs.   

Based on his overall character the applicant claimed he was greatly susceptible to a successful outcome following the correct rehabilitation period.  Had the command not have discharged the applicant he would have completed his term of service and received an honorable characterization.  Therefore, this error of discretion has prejudiced the rights of the applicant.  Furthermore, the applicant claimed since his discharge he has made efforts to be successful.  He has graduated college, has secured employment, and competes athletically.  He requested an upgrade to have access to GI Bill education benefits.   

A review of the applicant’s record revealed he used Ecstasy on multiple occasions.  His drug use was corroborated by other individuals.  He was tried at a Summary Court-martial and sentenced to reduction to E-1, forfeitures of pay, 20 days confinement, 10 days restriction, and a reprimand.

After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  Furthermore, the DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board understood the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable and to change the discharge narrative reason to Secretarial Authority.  The DRB also voted unanimously to deny changing 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 UNDER HONORABLE CONDITIONS - (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 17 June 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)