AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00290	
SUMMARY: 

The applicant was discharged on 24 January 2022 in accordance with AFI 36-3208with an Under Other Than Honorable Conditions discharge characterization and Narrative Reason for Separation, Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant was not represented by counsel and 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 requested an upgraded discharge.  He stated that he deserves an upgrade due to the length of his service and his prior honorable enlistment in AD and the Reserves.  The applicant stated he wants the upgrade to gain access to his benefits and health care to help with service-connected issues.  The applicant stated that the death of his parents, his mother at 12 years old, and his father while serving had a tremendous effect on him moving forward.  He stated despite the trauma he experienced, he still managed to excel in his military career.  He stated that his mental struggles affected his marriage which led to divorce.  The applicant stated that the divorce and the anniversary of his parent’s death were too much to bear.  He stated that he was in a weakened state of mind and gave into the pressure of snorting cocaine with random strangers in the bathroom of a bar.  He stated he regretted not seeking help sooner and did not want one mistake to define his career.  The applicant stated that he deserved a second chance despite his misconduct to have the opportunity to receive benefits.

The DRB determined the applicant’s misconduct was a significant departure from the conduct expected of all military members.  The DRB recognized the applicant’s preference to upgrade his discharge characterization, however the applicant did not present evidence to show that the circumstances surrounding his discharge were inequitable or improper.

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 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 “PTSD” on his application. The applicant did not make any other mental health claims or contentions in the request for upgrade. The applicant stated “I am requesting a change on my characterization of service record due to the length of my service and my prior honorable enlistment in active duty and also my reserve enlistment. This will allow me to access my benefits and also health care to help address service-connected issues.”
 
2. Did that condition exist/experience occur during military service? 

A review of the applicant’s records indicated the applicant was seen by a mental health provider prior to his transfer to confinement and one time during his time in confinement. There is no evidence the applicant was given a diagnosis during his confinement assessments. There is evidence the applicant was command referred to ADAPT due to a positive urine screen (cocaine) and deferred treatment pending the outcome of the legal process.  

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

The applicant was discharged due to drug use (cocaine).  The applicant submitted his EPRs, nearly all 5s, and ten-character references along with photos of his awards and a personal statement for review. In the applicant’s personal statement, he highlighted pre-service periods, and also detailed notable periods in service, including the death of his father. The applicant detailed his military successes in his personal statement and also his cocaine use. The applicant stated “I failed a urinalysis on April 12, 2021, when I tested positive for cocaine. This happened just 47 days after my divorce was finalized, and 11 days after the 18th anniversary of my mother’s death. As you can see, this time period was particularly hard for me. All these anniversaries to constantly remind me how alone I am. To numb the pain, I did what I was shown to do, I found myself at a bar self-medicating. I did not know that this night too, would also turn into the anniversary of another life impacting decision that would turn my world upside down. One that would end my well sought-after career. As I walked into the restroom, there were individuals doing cocaine and I was asked to join. In my weak state, I gave into the peer pressure. I did not know them. They did not know I was a military member. I never saw them again.” The applicant also stated “I think back to that night and all the people that would have helped me get out of that bad mental space I was in. All I can say to my friends, family, and coworkers is that I am greatly sorry for not coming to you in my time of need.”  The applicant statements reveal he chose to use alcohol and drugs in a way that was incompatible with military service, which may explain the applicant’s drug use, thus the applicant’s case is considered under liberal consideration, but it does not mitigate the applicant’s misconduct, nor does liberal consideration mandate an upgrade.

4. Does that condition, or experience outweigh the discharge? 

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.”  

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 and medical record, 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 25 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)