AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00106	
					
SUMMARY: 

The applicant was discharged on 29 January 2021 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 not 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.  

The applicant’s record of service included an Article 15. His misconduct included:  on divers occasions, wrongfully used marijuana.

The applicant stated that he had been failed by mental health. He explained that he was prescribed Zoloft but it did not help and he communicated this to them. The applicant continued to explain that he fell into a deep depression and stopped taking the medication, even after his doctor said to keep using it. He concluded that he was never reached out to and so he felt they didn’t care, so he took matters into his own hands by smoking marijuana to make the pain go away. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. There was nothing in the record to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. The board understood that the member felt the medication was not working; however, it does not excuse the member “taking matters into his own hands”. The boarded noted that the member had good communication with mental health and went against the doctor’s orders by stopping the medication he was prescribed. 

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 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 have a condition or experience that may excuse or mitigate the discharge? 

The applicant contended, “I was failed by Little Rock AFB Mental Health, they put me on Zoloft, and I made aware to them that it was not helping me with my sweating/panic attacks that caused me to fall into a deep depression and numbing. I stopped taking the medication after my doctor said to keep using it. For 4 months I never picked up a prescriptions and no one from mental health ever reached out to me, as if I didn’t matter. I took matters in to my own hands and smoked marijuana to make the pain go away.” 

2. Did that condition exist/experience occur during military service? 

There is evidence the applicant sought and received mental health treatment during his time in service. There is evidence the applicant received the diagnosis of anxiety disorder, unspecified. 

3. Does that condition or experience actually excuse or mitigate the discharge? 

In the applicant’s response to discharge notification, the applicant detailed that he did not enjoy his job, he did not have friends, he felt alone and felt depressed and anxious. The applicant also described in his response that he sought mental health treatment and stated “I was put on medication that did not help my situation. I made it very clear to my provider that the medicine was not working.” The applicant’s statements are inconsistent with the evidence in the applicant’s medical records. A review of the applicant’s medical records reveals the applicant requested medications for increased symptom management in March 2019. The records also reveal that by October 2019 the applicant reported his symptoms persisted but were significantly reduced, and did not interfere with his ability to perform his job duties. In February 2020 the applicant denied any clinical symptoms or life stressors during his evaluation at the mental health clinic for a flight waiver and did not seek additional mental health services after his flight waiver was approved by the mental health clinic. There is evidence, based on the applicant’s response to his discharge notification, that his mental health condition was known to and considered by his command during his discharge process. There is no evidence of a mitigating nexus between the applicant’s in-service mental health condition and the misconduct for which he was discharged.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s mental health condition did not mitigate the misconduct that led to his discharge, his discharge 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.

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 awarded characterization of service shall remain “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 14 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)