AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00329	
					
SUMMARY: 

The applicant was discharged on 17 December 2018 in accordance with AFI 36-3208 with a General Discharge for 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 appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 6 December 2022. No witnesses were present to testify on the applicant’s behalf. 

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:  on divers occasions, wrongfully used marijuana.

The applicant through counsel requested an upgrade of the character based on his outstanding service record and guidelines issued by the Wilkie memo. Additionally, they contended that the applicant should have been retained based on a recommendation from his supervising officer.

During the personal appearance, the counsel highlighted guidance used, specifically C.F.R. 32 and 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”. She stated that although there were no errors in the discharge, the applicant should be upgraded based on fundamental fairness using the criteria in the Wilkie memorandum. 

The applicant detailed that his mental health wasn’t the greatest, and so he was easily influenced to smoke marijuana. He stated that he was dealing with a lot of pressure with work, with new personal responsibilities, and also with life.  He stated that he felt alone after his return from his deployment. He highlighted that he did however, smoke the marijuana on his own accord and took responsibility for his actions. The applicant indicated that he wishes he would have had a positive influence while in service, so that he would have been influenced not to commit the misconduct. He wants to atone for his mistakes and help people, specifically Airmen. The applicant indicated that would like to return to the military to be the person that he did not have and guide others to prevent them from going down the same path he chose. 
 
The Board found neither evidence in the record, nor any testimony provided by the applicant that would substantiate an impropriety. However, sufficient evidence through the record and personal testimony existed to convince the board the reentry code was inequitable. Specifically, the Board found that the applicant’s outstanding in-service and post service conduct, as well as his aspirations to help others warranted a change to the reentry code, so that he may attempt to serve again. 
  
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.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) and (7)(a)-(7)(r) of this memorandum and found the following applicable factors.

a.  It is consistent with military custom and practice to honor sacrifices and achievements, to punish only to the extent necessary, to rehabilitate to the greatest extent possible, and to favor second chances in situations in which individuals have paid for their misdeeds. 

The Board felt a second chance at service was warranted for this applicant. Through his personal testimony, the Board determined that based on the applicant’s service record and the nature of his misconduct, it is equitable to change the applicant’s reentry code. Although the Board determined that an Honorable discharge was not warranted, it did conclude that there was sufficient evidence to upgrade to the reentry code so that he may attempt to reenlist. 

The Board considered the following applicable factors listed in paragraphs (7)(a)-(7)(r)

a.  The applicant’s candor;

The Board acknowledged the applicant’s candor. The Board understood that his self-admission of drug use initiated the actions that led to his discharge. The applicant also displayed candor during his testimony to the Board.

g.  Acceptance of responsibility, remorse, or atonement for misconduct;

As with paragraph a., the applicant showed candor by admitting his wrongdoing without provocation, and accepted responsibility. The applicant stated that he wished to atone for his misconduct by serving again and paying back for his misdeeds. 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable and to change the discharge narrative reason to Secretarial Authority. However, it voted unanimously to approve a change the reentry code 3K which may allow reentry into the U.S. Military.
 
CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service and medical records, and discharge process, the Board found the discharge was inequitable. Therefore, the awarded characterization of service shall remain “General”, the narrative reason for separation shall remain “Misconduct (Drug Abuse)”, and the reentry code shall change to “3K”. The AFDRB results were approved by the board president on 6 December 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)