AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00341	
					
SUMMARY: 

The applicant was discharged on 26 January 2016 in accordance with AFI 36-3208 with a General Discharge for 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. His misconduct included: wrongful use of marijuana and failure to go at the time prescribed to the appointed place of duty.   

The applicant requested and upgrade to Honorable to that he may use the GI Bill to finish his degree. 

Although the applicant did not make contentions regarding the PTSD, he did check the PTSD box in item 21 on his discharge review application. After a thorough review, the DRB determined that the applicant’s condition or experience outweighed the discharge and therefore the discharge should be upgraded to Honorable. 

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 did not make contentions that he had an experience or condition, however, he did check the PTSD box in item 21. 

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

Based on a review of the applicant’s records, there is evidence the applicant sought and received mental health services during his time in service. A review of the records revealed the applicant received the diagnoses, in service of generalized anxiety disorder (2013), adjustment disorder with depressed mood (2013), phase of life issue (2013), major depressive disorder, single episode (2014), late onset PTSD (2014), and cannabis use disorder (2015). The applicant’s records reveal the applicant was referred to and received substance abuse services during his time in service. 

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

Based on a review of the applicant’s records, the applicant reported symptoms of anxiety, nightmares, trouble sleeping, resulting in functional impairment in theater. There is evidence the applicant sought mental health treatment upon return from deployment and there was evidence the applicant was experiencing marked distress related to his deployment experiences at times after his return including flashbacks, nightmares, poor sleep, isolating, and dissociation. There is evidence the applicant reported treatment barriers including stigma and heavy rotation of providers preventing rapport building. The applicant did not provide any response to his discharge notification. The evidence of a mental health condition, in and of itself, does not mitigate misconduct. The applicant did not provide any testimony or evidence of a nexus between his mental health condition and the misconduct(s) that led to this discharge.  

4. Does that condition or experience outweigh the discharge? 

In considering the totality of the applicant’s service, there is evidence the applicant’s mental health condition outweighed his discharge. There is evidence the applicant was unable to receive/access consistent mental health care despite the applicant voicing concerns about the care he was receiving and reporting impairment from the symptoms he was experiencing.   

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 approve the applicant’s request to upgrade his discharge characterization to Honorable. It voted 2 to 1 to deny a change to the discharge narrative reason. The reenlistment eligibility code was changed to 2C.
 
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 inequitable. Therefore, the awarded characterization of service shall change to “Honorable”, the narrative reason for separation shall remain “Misconduct (Drug Abuse)”, and the reentry code shall change to “2C”. The AFDRB results were approved by the board president on 10 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)