AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00119	
					
SUMMARY:  The applicant was discharged on 1 October 2018 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 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 two Article 15s.  His misconduct included:  violation of a general order, drunk and disorderly, and wrongful use of marijuana.  

The applicant contended he was having problems with anxiety and depression during his time in the service that led to his drug use.  He claimed he has been in treatment since his discharge and feels through counseling and medication he is doing much better.

A review of the applicant’s record revealed he received an Article 15 for violating an overseas curfew order and being drunk and disorderly.  Six months later he received a second Article 15 for wrongful use of marijuana and was discharged for drug abuse.  

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 contend that a condition or experience may have excused or mitigated their misconduct or discharge?  
The applicant contended he had issues with anxiety and depression during his time in service which resulted in his drug use.

2. Did that condition exist/experience occur during military service? 
Based on the available records, the applicant reported to the chaplain he was feeling down related to dissatisfaction with his military career, disciplinary actions, and having to deploy.  Based on a review of the applicant’s records, there is evidence the applicant was command referred to ADAPT and at another installation was referred to mental health by the chaplain prior to a deployment. There is no evidence the applicant received any mental health diagnoses during his time in service.  

3. Does that condition or experience actually excuse or mitigate the discharge? 
The presence of mental health symptoms, depression and anxiety as contended by the applicant, does not in and of itself mitigate the applicant’s discharge.  A review of the applicant’s records revealed the applicant was assessed for deployment clearance, and despite acknowledging stress related to disciplinary issues, he denied any current or recent mental health concerns.  There is evidence the applicant reported to the chaplain he had been feeling “down” for some time, and there is evidence the applicant reported he did not want to deploy, surmised he was not a good fit for the military, and was interested in pursuing separation from the military.  The aforementioned complaints may explain the applicant’s choice to use drugs, however, they do no mitigate or excuse the misconduct that led to his discharge.  Based on a review of the applicant’s records, he had a pattern of maladaptive substance use that led to disciplinary actions and made no claim that his substance use was due to an underlying mental health condition.  Dissatisfaction with his military career and deployment commitments are not mitigating mental health conditions. 
 
4. Does that condition or experience outweigh the discharge? 
Because the applicant’s condition does not mitigate his discharge, his discharge is 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.  The DRB also voted unanimously to deny changing the discharge narrative reason to Secretarial Authority and 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, the narrative reason for separation shall remain, and the reentry code shall remain.  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)