AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00210	
					
SUMMARY: 

The applicant was discharged on 14 March 2019 in accordance with AFI 36-3208 with a General after Misconduct (Drug Abuse). The applicant appealed for an upgrade of her discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant was not represented by counsel.  The applicant requested the board be completed based on a records review 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 Discharge Review Board (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 and distribution of a controlled substance.   

The applicant requested an upgrade to “Honorable” due to her disability being the cause for her discharge.  She stated that she dealt with depression, anxiety, and post-traumatic stress disorder (PTSD) while serving in the military.  The applicant stated that her mental health took a toll on her character.  She stated that the characterization upgrade would help her live her life without regret for her mental health.  She stated that she served her country to the best of her ability with the tools she had.  She stated that her mental health got in the way when it mattered most.  

The DRB conducted a thorough review of the applicant’s service and medical records.  The Board determined that the applicant did not provide sufficient evidence to demonstrate how her mental health condition caused her to use marijuana and hydrocodone or to distribute it.  

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 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 clinical psychologist.  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 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 checked the boxes for “PTSD” and “other mental health” on the application. The applicant contended “I’d like to get my discharge upgraded due to my disability being the real cause of discharge. Dealing with my depression, anxiety and PTSD was really hard to do while service and it took a tole[sp] on my character.” The applicant also contended “my mental health simply got in the way when it mattered most.”  

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

A review of the applicant’s service records revealed the applicant sought and received mental health services during her time in service and received the diagnosis, in service, of adjustment disorder with depressed mood and anxiety. The applicant’s records revealed she was command referred to ADAPT during her time in service due to marijuana and hydrocodone use and distribution. There is no evidence the applicant received the diagnosis of PTSD during her time in service. There is no evidence the applicant endorsed or exhibited any clinically significant indicators of PTSD during her time in service. 

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

The applicant noted on her application that “medical documents” were attached as evidence in support of her claim; however, no substantiating evidence was received from the applicant. Based on a review of the applicant’s records, there is evidence the applicant reported experiencing a traumatic event prior to service and noted having depressed mood and thoughts of suicide after this event. This experience is a condition that Existed Prior to Service and there is no evidence of service aggravation. The applicant’s records revealed the applicant was discharged due to misconduct, specifically wrongful use and distribution of hydrocodone and marijuana during her time in technical training, after approximately three months’ time in service.  There is no evidence a mental health condition caused or substantially contributed to the misconduct for which the applicant was discharged. Furthermore, liberal consideration is generally not applicable to premeditated misconduct including distribution of drugs. 

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated or excused, 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.”  

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.”
 
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 and equitable. 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 Air Force DRB (AFDRB) results were approved by the board president on 27 February 2023.  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)