AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00283	
					
SUMMARY: 

The applicant was discharged on 1 December 2021 in accordance with AFI 36-3208 with a General - Under Honorable Conditions discharge characterization and Misconduct (drug abuse) as the Narrative Reason for Separation.  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 record 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 a Letter of Reprimand, and a Letter of Counseling.  Her misconduct included wrongfully using marijuana.

The applicant is requesting an upgraded discharge to Honorable.  The applicant stated that her mental health issues were caused by being sexually assaulted by a fellow Airman.  She stated that this caused her problems, leading to her self-medicating with marijuana.  The applicant did not report the sexual assault to the counselor because of how she felt she was treated with other issues she spoke about.  She stated that she turned to marijuana to help cope with everything she was dealing with at the time.  

The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change her negative behavior.  The Board concluded the negative aspects of the applicant’s service outweighed the positive contributions she made during her Air Force career.    
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 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 boxes for “PTSD”, “other mental health” and “sexual assault/harassment” on the application. The applicant contended “I would like to have my discharge upgraded to honorable because of mental health issues that were caused by a sexual assault by a fellow airman. This caused me many problems and I self medicated with marijuana. I was going through my sister’s passing from cancer and went to the counselors and they wanted me “step away from my family.” I did not report the sexual assault to the counselor due to the way I was treated with my other issues. I talked with friends about the situation and not receiving support from them or the counselor, I turned to marijuana to help me relax and forget my problems and be able to do my duties. I feel that I was a good airman and if I had received support from the counselors and had been able to receive help that I would still be in the service.” 

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

The applicant submitted provider notes from her visits to mental health providers during her time in service.  The notes reveal the applicant received the diagnoses, in service, of bereavement reaction, problem related to psychosocial circumstance. There is no objective evidence in the military records provided to support the applicant’s experience of military sexual trauma and/or having received a diagnosis of PTSD.

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

The applicant did not submit any evidence or records regarding her claim of sexual assault early in her military career. There is no reference to sexual assault in any available records. The applicant did not provide any clarifying information about her sexual assault experience and did not provide any clarifying details about her experience such as when the sexual assault occurred, the nature of the incident, and how it impacted her mental health and overall functioning in the military. It is possible the applicant experienced military sexual assault; however, the burden of proof is placed upon the applicant to substantiate ther claim. The applicant submitted no supporting documentation with her application to substantiate her claim of sexual assault and provided no detailed testimony about the impact of the sexual assault. 
The applicant was discharged due to drug use (marijuana). The applicant indicated in her response to discharge notification that her drug use was experimentation and further stated “I was using it to see if it would help with my mental state.” There is evidence the applicant reported anxiety and depressed mood related to the death of her friend and ongoing family problems 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?  

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 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 23 October 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)