AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00160	
					
SUMMARY: 

The applicant was discharged on 5 October 2021 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’s record of service included an Article 15.  Her misconduct included: Wrongful use of marijuana.  

The applicant stated that they had a rough year during COVID. She explained that during COVID, she made friends with alcoholics; she became one, and then attempted suicide. She continued; she failed her EOC and her father died, and so she turned to marijuana. The applicant concluded that she learned from the mistake and now she wants to make an impact by going to school. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The Board acknowledged the applicant’s explanation of the challenges she faced; however, most of the military population suffered the effects of the COVID 19 Pandemic and have continued to adhere to the Air Force Standards of conduct. There is nothing to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. The Board deemed her discharge appropriate.   

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 have a condition or experience that may excuse or mitigate the discharge? 

The applicant contended “I previously sent a rebuttal to the commander stating that I take full responsibility and I took accountability for my addiction. I have no excuse, I made a mistake but I would really like to go to school.” The applicant also contended “COVID 19 was tough time for all of us, we were isolated, and some of us developed unhealthy coping skills. As someone who just joined the Air Force, just moved out on their own, and is adjusting to the “military work”, 2019-2021 was some of the rough years of my life so far. I made friends with alcoholics, I became an alcoholic, and then I attempted to commit suicide, I failed my EOC, my father died, and I turned to weed.” 

2. Did that condition exist/experience occur during military service? 

There is evidence the applicant sought and received mental health treatment during her time in service. There is evidence the applicant received substance abuse treatment during her time in service.

3. Does that condition or experience actually excuse or mitigate the discharge? 

Based on review the applicant’s medical records, the applicant reported to substance abuse treatment provider that she continued to use alcohol in social situations while enrolled in treatment, reporting her use of alcohol and marijuana was related to a desired to socialize with peers who also used alcohol. The records reveal the applicant’s mood symptoms were likely onset by applicant’s heavy and maladaptive patterns of substance use. The applicant was discharged due to drug use (marijuana). The applicant’s service records reveal a history of pre-service marijuana use. Based on the available evidence in the applicant’s records along with the applicant’s testimony in her application, there is evidence the applicant was having difficulty adjusting to military life. The applicant reported she chose to use alcohol and drugs in a way that was incompatible with military service, which may explain the applicant’s drug use, but it does not mitigate the applicant’s misconduct. 

4. Does that condition or experience outweigh the discharge? 

Based on review of the applicant’s records, the applicant’s mental health conditions were known and fully considered by the applicant’s command during the discharge process. No error or injustice was found in review of the applicant’s records, thus the applicant’s 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.

(6)(j).  Similarly situated Service members sometimes receive disparate punishments.  A Service member in one location could face court-martial for an offense that routinely is handled administratively across the Service. While a court-martial or a command would be within its authority to choose a specific disposition forum or issue a certain punishment, DRBs should nevertheless consider uniformity and unfair disparities in punishments as a basis for relief. 

The applicant was discharged for use of marijuana. The punishment was not disparate in any way. While the aspects of the discharge are decided on their own merit, based on the misconduct and other service factors, it is typical for a member with drug use to receive a General Discharge. 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her discharge characterization to Honorable, to change the discharge narrative reason to Secretarial Authority, and to change 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 “General”, the narrative reason for separation shall remain “Misconduct (Drug Abuse)”, and the reentry code shall remain “2B”. 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)