AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00269	
					
SUMMARY: 

The applicant was discharged on 08 July 2021 in accordance with AFI 36-3208 with a general discharge after 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 is requesting a discharge upgrade. The applicant stated that he suffered from anxiety while serving, and he felt unable to discuss it.  The applicant stated that he used substances to cope with his anxiety. He stated that since his discharge, he has received treatment for his condition and is doing much better.  

The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The Board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.    

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 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 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 checked the box for “other mental health” on the application. The applicant contended “during the time while I was serving I the Air Force I was suffering from anxiety, and felt unable to discuss this issue with others, I used substances during this time to cope with the anxiety. I am now in treatment for the condition and doing much better. “ 

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

There is evidence the applicant was command referred to ADAPT due to applicant’s marijuana use during his time in service. There is no evidence the applicant sought or received any mental health care during his time in service. There is no evidence the applicant exhibited any clinically significant indicators of anxiety, or any other mental health condition during his time in service.

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

Based on a review of the applicant’s DD214, the applicant was discharged due to misconduct (drug abuse). The applicant submitted a post-service mental health record from the VA as evidence to support his claim. The note stated (in part) “Vet noted his primary concerns are anxiety and sleep. Challenges mostly over the last 3 months. Vet noted he was just getting out of the military last summer. Vet described a difficult discharge d/t unforeseen challenge with his physical health.” The note also stated “No interest in services at this time. Will contact this provider should he change his mind in the future.” The document, submitted as evidence by the applicant, contradicts the applicant’s claims. The applicant’s records reveal he was discharged due to drug abuse. Utilizing the timeline provided in the substantiating evidence, three months prior to the date of the note is post-discharge. There is no evidence or records the applicant received a diagnosis of anxiety during his time in service; there is no evidence the applicant exhibited or endorsed any clinically significant indicators of anxiety during his time in service. Based on the available evidence and records, the applicant’s mental health condition as likely as not developed post-service. 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 applicant had a mental health condition that 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 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 his 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 and equitable. 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 29 September 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)