AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00342	
					
SUMMARY: 

The applicant was discharged on 26 May 2022 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.  

The applicant stated that he was discharged for drug abuse, but at the time, he didn’t understand his mental health and refused to seek help. He explained that marijuana helped with the issues but he started to experience symptoms again, so he sought help. This was when he was diagnosed with PTSD with anxiety, major depressive disorder, and insomnia. He concluded that he would have never smoked marijuana if he didn’t have PTSD.

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 found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  

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 his application. The applicant contended “I was originally discharged for drug abuse. At the time I didn’t understand my mental health and refused to seek help for it. My PTSD created anxiety that I didn’t even realize I had. The anxiety led to serious heart palpitations and chest pain that I was very concerned about. I am strongly against taking prescriptions drugs so I didn’t know what to do. Even after trying some over the counter the medication nothing worked, so I looked into things that could help. Marijuana came up several times for help with PTSD, anxiety and heart palpitations, so I tried it. To my surprise it worked the one and only time I did it. A few days later the symptoms were still happening so I decided to seek medical attention, I went to the ER and they drug tested me coming up positive for marijuana. After the happened I got help with my mental health, I was diagnosed with anxiety, MDD, and insomnia and I realized that I never would have smoked marijuana if I didn’t have PTSD.”
 
2. Did that condition exist/experience occur during military service? 

There is evidence the applicant sought and received mental health services during his time in service. There is evidence the applicant did not receive a diagnosis while being seen by mental health in theater, and was diagnosed provisionally with PTSD by a stateside provider immediately prior to his discharge. 

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

Based on the applicant’s DD-214, the applicant was discharged due to drug use. The applicant indicated in his response to discharge notification that he was using marijuana to alleviate chest pains, which he contends he did not know were anxiety at the time. This may explain the applicant’s drug use, but it does not mitigate the applicant’s misconduct. Based on the applicant’s records, this contention was known by applicant’s command and considered during his discharge processing. There is no evidence the applicant was unaware of the Air Force policy on drug use, and there is no evidence of a nexus between the applicant’s mental health condition and his choice to use drugs.  

4. Does that condition or experience outweigh the discharge? 

Evidence of a condition, in and of itself, does not mitigate misconduct. Because the applicant’s condition did not mitigate the misconduct that led to his discharge, his discharge 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/medical record entries, 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 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)