AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00334	
					
SUMMARY: 

The applicant was discharged on 17 November 2021 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Drug Abuse). The applicant appealed for a change of his narrative reason for separation.

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 multiple Article 15s.  His misconduct included wrongful use of marijuana and drinking while underage.

The applicant did not make any contentions of the equity or propriety of his discharge.  He requested an upgrade so that he may use the GI Bill benefits.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. There was no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The Board acknowledged that the applicant’s present service characterization renders him ineligible for Department of Veterans Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

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 physician, clinical psychologist, or psychiatrist.  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 the application. The applicant made no other mental health claims or contentions and stated on his application “this change is requested so I can use my benefits to enroll into school and also give my GI Bill to my daughter.”  

2. Did that condition exist/experience occur during military service? 

Based on a review the applicant’s records, the applicant was command referred to ADAPT on two occasions, once in  2019 and once in 2021.  The applicant’s medical records reveal the applicant denied all mental health symptoms on his pre- and post- deployment assessments, and annual health assessments. There is no evidence the applicant sought or received any mental health services during his time in services. There is evidence the applicant reported to his substance abuse provider, after he was informed he would be discharged, that he may be experiencing PTSD symptoms. 

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

The applicant was discharged due to misconduct. The applicant’s discharge package was not available for review. The applicant checked the box for “PTSD” but did not provide any testimony or evidence to substantiate his contention.  Based on a review of the applicant’s records, the applicant’s maladaptive substance use began prior to his deployment. A review of the applicant’s records indicated the applicant denied any and all mental health symptoms on his post-deployment assessments. There is evidence the applicant reported to his substance abuse treatment provider that he may be experiencing PTSD symptoms. A mental health condition, in and of itself, does not mitigate nor excuse misconduct. Based on the applicant’s records, there is no evidence of a nexus between the applicant’s mental health condition and his pre-deployment substance use or his post-deployment substance use. The records reveal on both occasions his substance use was a one-time event that occurred at a party and he was “snitched on”. There is no evidence of a nexus between a mental health condition and the misconducts that led to the applicant’s discharge.   

The applicant submitted his VA rating with his application. The VA, operating under a different set of laws than the military, is empowered to offer compensation for any medical or mental health condition with an established nexus to military service, without regard to its impact on a member’s fitness to serve, the narrative reason for release for service, or the length of time that has transpired since the date of discharge. The VA may also conduct periodic reevaluations for the purpose of adjusting the disability rating as the level of impairment from a given condition may improve or worsen over the life of the veteran. At the “snapshot in time” of the applicant’s service, there is no evidence the applicant’s mental health condition caused or mitigated the misconduct(s) which led to the applicant’s discharge

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated, 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.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) and (7)(a)-(7)(r) of this memorandum

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 records, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain “General”, the narrative reason for separation shall remain “Misconduct (Drug Abuse)”, and the reentry code shall remain “2B”. The AFDRB results were approved by the board president on 9 November 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)