AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00309	
SUMMARY: 

The applicant was discharged on 13 May 2022 in accordance with AFI 36-3208 with a General discharge characterization and Narrative Reason, 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 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 requested his discharge characterization be upgraded to Honorable. He stated that he never tested positive for drugs and he never used drugs. The applicant stated that he honorably served his country as an Air Traffic Controller. 

The DRB determined that, through the administrative actions taken by the chain of command in this case, the circumstances surrounding the applicant’s discharge were equitable and proper.  The applicant provided character references and screen shots of text conversations on his phone.  However, he did not provide conclusive evidence to indicate that evidence his command used as the basis for the applicant’s discharge was inaccurate.  The applicant requested an upgrade to his discharge because he stated that he served honorably as an Air Traffic Controller.  But the applicant did not explain how this is a matter of inequity or impropriety. The Board concluded that it was in the command’s authority to discharge the applicant with the characterization he received.  Therefore the Board deemed that the applicant’s discharge was equitable and proper. 

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 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 “I would like to be considered discharged honorably for my show of service to this country. I served my country honorably as an air traffic controller (ATC). I never tested positive for drugs and I did not ever use drugs.” The applicant did not make any claims or contentions related to a mental health condition.   
 
2. Did that condition exist/experience occur during military service? 

There is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant exhibited or endorsed any clinical significant features of a mental health condition during his time in service. 

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

The applicant’s DD214 revealed the application was discharged due misconduct (drug abuse). There is no evidence or records to substantiate the applicant’s contention that he had a mental health condition in service. There is no evidence of a nexus between a mental conditions and the misconduct for which he was discharged

4. Does that condition or experience outweigh the discharge? 

There is no evidence to substantiate the applicant’s contention that he had a mental health condition in service. 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.”  

Upon review of the applicant’s service record, the Board did not find any evidence to indicate the discharge was conducted inappropriately.  Since the board relies on the presumption of regularity, it concluded the discharge received by the applicant was appropriate.  

If the applicant can provide additional information to substantiate his contentions, the board recommends he exercise the right to make a personal appearance before the DRB.

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 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)