AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00157	
					
SUMMARY:  The applicant was discharged on 23 September 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 separation code.

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 for wrongful use of marijuana.  

The applicant contended his discharge should be upgraded to honorable as his misconduct was due to underlying health conditions including mental health and physical conditions.  He suggested that he used marijuana to cope with pain symptoms.  He also addressed pre-service mental health issues surrounding the death of his mother and that his mental health continued to decline after he joined the service.  He further claimed he is currently receiving 100% disability from the VA for major depressive disorder as well as other physical ailments.

A review of the applicant’s record revealed he was punished under Article 15, UCMJ for wrongful use of marijuana.  The applicant submitted multiple medical records from his time in service related to gastrointestinal issues and kidney issues.  A review of the applicant’s medical record indicated he had been diagnosed with GERD and acute renal failure.  He was also experiencing IBS and was prescribed medication to assist with the pain.  Neither one of his conditions were deemed unfit due to early stages of treatment. 

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 should be upgraded to honorable since the reason for his misconduct was due to underlying health issues and he is currently receiving 100% VA disability.

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant sought and received mental health care during his time in service.  Based on the available records, the applicant’s military health care records indicated the applicant received a diagnosis of adjustment disorder with depressed mood during his 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 indicated in his applicant for VA benefits that he used marijuana for symptoms of gastrointestinal symptoms, which are not weighed under the intent of liberal consideration in the absence of a nexus to an underlying mental health condition.  The applicant did not provide any information, testimony, or substantiating records to demonstrate a nexus between his in-service physical health conditions, mental health conditions, and the misconduct that led to his discharge.  It is also noted the applicant had a pre-service history of marijuana use, which may explain the applicant’s drug use, but it does not mitigate the applicant’s misconduct.  Based on review of the available records the applicant acknowledged that he wanted out of the Air Force and knew that drug use would result in discharge. There is no evidence the applicant’s conditions were not considered during his discharge process.  

The applicant submitted documents containing his VA rating with his application.  The VA, operating under a different set of laws than the military, is empowered to offer compensation for any medical or mental health condition with an established nexus to military service, without regard to its impact on a member’s fitness to serve, the narrative reason for release for service, or the length of time that has transpired since the date of discharge.  The VA may also conduct periodic reevaluations for the purpose of adjusting the disability rating as the level of impairment from a given condition may improve or worsen over the life of the veteran. At the “snapshot in time” of the applicant’s service, there is no evidence the applicants’ mental health condition caused or mitigated the misconduct which led to the applicant’s 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 deny the applicant’s request to upgrade his discharge characterization to Honorable and change his separation code.  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)