AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00149	
					
SUMMARY:  The applicant was discharged on 21 December 2016 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of her 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 contended she was going through a mental breakdown while in the service.  She claimed her family’s home burned down leaving her parents and siblings homeless for several months.  She further claimed she was sending her entire paycheck home to help her family out.  She also claimed she notified her leadership that she felt suicidal but no one listened.

The applicant’s record of service included an Article 15 for wrongful use of marijuana and failure to pay her Government Travel Card.    

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 on her application that she was going through a mental breakdown due to her family home burning down and leaving her parents and siblings homeless for 9 months.  She claimed she told her chain of command she felt suicidal but no one listened.

2. Did that condition exist/experience occur during military service? 
The applicants service records and medical records do not provide evidence that the applicant sought or received any mental health treatment during her time in service. There is also no evidence the applicant exhibited any clinical significant features of a mental health condition during her time in service. The applicant did not provide any additional documentation to indicate that she had or received treatment for a mental health condition during her time in service.

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant was discharged due to drug use.  The applicant’s statement in her application contradicted the evidence in the applicant’s military and medical records.  A review of the applicant’s medical and administrative records indicated she used marijuana socially, starting at an off-base party on her 21st birthday, and continued using when she learned her family’s home burned down.  A review of the records also indicated the applicant endorsed feelings of stress related to her family’s house fire.  It was also noted in the applicant’s record a history of pre-service marijuana use and a history of pre-service self-harm. 

There is evidence the applicant’s chain of command attempted to refer the applicant to substance abuse treatment on two separate occasions after she came under investigation for suspected drug use.  There is no evidence a mental health condition caused or mitigated the misconduct that led to the applicant’s discharge. 

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s discharge is not mitigated, her 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) 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 her 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 28 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)