AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00310	
					
SUMMARY: 

The applicant was discharged on 22 April 2019 in accordance with AFI 36-3208 with a General discharge characterization and Narrative Reason for Separation, Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization.

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’s record of service included an Article 15 for wrongful use of marijuana, a Letter of Counseling and a Letter of Reprimand for failure to report for Duty on two separate occasions.  

The applicant did not make any contentions to the equity or propriety of his discharge .  He requested an upgrade of his discharge characterization and stated that he was going through a lot mentally due to problems back home.  He stated that he tried to seek help, but no one understood his situation.  He stated that he kept it to himself, leading down the wrong path.

The DRB thoroughly reviewed the applicant’s entire service record.  There was no evidence to indicate that the administrative actions taken by the chain of command were inappropriate.  The applicant contended that he was going through a lot mentally, but did not explain in his testimony how his experiences caused him to use marijuana.  There was no evidence to indicate that the applicant was unaware of the Air Force’s zero tolerance drug policy. The board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his 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” and “other mental health” on the application. The applicant contended “I was going through a lot mentally, problems back home that needed my attention that I couldn’t be present to do or defend. I tried talking and getting help but no one seemed to understand me, so I kind of kept in my problems and stopped trying to reach for help, which led me down the wrong path.” 
 
2. Did that condition exist/experience occur during military service? 

The applicant contended he was “going through a lot mentally” but did not provide any further testimony about his in-service mental health condition and did not provide any evidence or records to substantiate his claim. There is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant received a diagnosis of PTSD during his time in service; there is no evidence the applicant endorsed or exhibited any clinical significant features of  PTSD, or any other mental health condition, during his time in service.).   

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

A review of the applicant’s records revealed the applicant was discharged due to misconduct (drug use). There is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant received a diagnosis of PTSD during his time in service; there is no evidence the applicant endorsed or exhibited any clinical significant features of  PTSD, or any other mental health condition, during his time in service. There is no evidence a mental health condition caused or mitigated the misconduct(s) that led to the applicant’s discharge. 

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.”  

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 26 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)