AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00292	
					
SUMMARY: 

The applicant was discharged on 10 August 2021 in accordance with AFI 36-3208 with a General for 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’s record of service included an Article 15.  His misconduct included wrongful use of marijuana. 

The applicant requested an upgraded discharge to Honorable to obtain his VA benefits.  He stated he wants to make himself more marketable for job advancements in the government system, where he currently holds the position of GS-7-0081.  He stated that he also wants to buy back his time from the military to help with his government retirement.  The applicant stated that he was kicked out of the Air Force after testing positive for THC.  He stated that he accidentally ingested a fair amount of edibles, unaware they contained THC.  He stated that the package did not identify that it had THC in the product.  He stated that he was drug tested and tested positive when he returned from leave.  He stated that he was unaware that he could have filed a self-report.  The applicant stated that this was a one-time offense and learned from his mistake.  He included a total of 20 witness letters that speak to the quality of his character.

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 applicant stated that he when he ingested the edibles, he was unaware that they contained THC.  However, the applicant did not provide any evidence to identify that the product packaging was misleading.  Also, a medical review of the level of THC present in the applicant’s test results indicate a much higher level of THC than should result from ingesting edible products on a nonduty day, followed by testing on a subsequent duty day.  Although the character references provide a supportive depiction of the applicant, they do not indicate to the board how the applicant’s discharge was inequitable or improper.  The Board acknowledges the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

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.  If the applicant has additional evidence to support his contentions the applicant can appeal for another review by the AFDRB via an in-person appearance.  The AFDRB results were approved by the board president on 11 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)