AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00158	
					
SUMMARY:  The applicant was discharged on 31 December 2013 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions (UOTHC) 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 multiple Article 15s for wrongful use of marijuana, drunk and disorderly conduct, and unlawful entry.  

The applicant contended that at the time of his misconduct he was young and made bad choices.  Since he has been discharged he has not been in any further trouble.  He requested his discharge be upgraded to have access to GI Bill education benefits.  

A review of the applicant’s record revealed he was punished under Article 15 of the UCMJ twice for wrongful use of marijuana.  He was also previously administered nonjudicial punishment for drunk and disorderly conduct and unlawful entry into another Airman’s dorm room.  The command initiated administrative discharge action recommending a UOTHC characterization, entitling him to a board hearing.  The applicant waived his right to a board hearing and to submit a response.

The DRB recognized the applicant was 24 years old when the discharge took place, but noted he was no younger than the vast majority of first-term Airmen who properly adhere to Air Force standards of conduct. After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The board understood the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety, which would warrant an upgrade.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to General.  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)