AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00145	
					
SUMMARY:  The applicant was discharged on 4 February 2022 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 a Letter of Reprimand for wrongful use of Tetrahydrocannabinol (THC).    

The applicant contend he became very anxious when the COVID-19 vaccine mandate was issued.  He claimed he didn’t want to receive the vaccine and felt pressure from leadership to comply with the mandate.  Knowing his career would be ending soon caused him to start drinking and also led to sleepless nights.  He claimed he started using hemp products to help him sleep.

A review of the applicant’s record revealed he tested positive twice for THC and was subsequently discharged for drug abuse.  In his response to the action he indicated he was experiencing anxiety regarding the COVID vaccine mandate that caused him sleepless nights.  He expressed remorse and apologized for his actions.

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 when the COVID-19 vaccine mandate was issued he become very anxious.  He did not want the vaccine and felt there was lot of pressure from leadership to get it.  He started drinking after work and began experiencing sleepless nights so he used hemp products in an effort to cope. 

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant was evaluated by BAS psychologists during the applicant’s time in Basic Military Training due to his pre-service history of substance use, alcohol use, and being bullied in high school.  There is no evidence the applicant sought or received treatment for anxiety, or any other mental health condition during his time in service.  There is evidence the applicant denied all symptoms of a mental health condition during his deployment clearance, and during pre- and post-deployment assessments.

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant’s contentions are contradictory to the evidence in the applicant’s medical and administrative records.  Based on the available records, the applicant reported a pre-service history of marijuana use.  The records revealed the applicant reported social marijuana use up to a few months prior to entering the military along with 2-4 days per week of alcohol use prior to entering the military; resulting in the applicant’s expulsion from school.  Based on the available records, the applicant’s maladaptive pattern of substance use existed prior to service, and there is no evidence of service aggravation.  Regarding the applicant’s contention of anxiety regarding the vaccine mandate, there is evidence the applicant sought a religious exemption to the vaccine mandate after his positive drug screen.  There is no evidence the applicant sought or received treatment for anxiety, or any other mental health condition during his time in service.  There is evidence the applicant denied all symptoms of a mental health condition during his deployment clearance, and during pre- and post-deployment assessments.  Based on the available records, there is no nexus between the applicant’s contention of a mental health condition (anxiety) and the misconduct that led to 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) and (7)(a)-(7)(r) 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, the narrative reason for separation, and the reentry code shall not change.  The AFDRB results were approved by the board president on 1 August 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)