AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00387	
					
SUMMARY:  The applicant was discharged on 1 November 2010 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 was 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, a vacation of suspended non-judicial punishment, and multiple Letters of Reprimand.  His misconduct included:  failure to go, failure to obey orders, dereliction of duty, sleeping on duty, and wrongful use of marijuana.  

The applicant contended when he joined the military he had little to no anxiety or depression and his bipolar disorder had been completely managed for years.  He claimed that he was targeted by a SNCO in his unit and his performance and actions were over scrutinized, he was unfairly treated, and harshly punished.  He contended the treatment by this SNCO caused him increased anxiety and led him to self-medicate with marijuana.  Since his discharge he has sought mental health treatment through the VA and has been given a service-connected disability rating.  He requested an upgrade to have access to VA educational benefits.  

A review of the applicant’s record revealed he had multiple minor disciplinary infractions including failure to go, dereliction of duty, and failure to obey orders that culminated in his wrongful use of marijuana.  He received multiple Article 15s and Letters of Reprimand for his misconduct.  He waived his right to submit a response to the discharge notification.  

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 contend that a condition or experience may have excused or mitigated their misconduct or discharge? 
 
The applicant checked the box for “other mental health” on his application.  The applicant contended after a series of disciplinary actions and requests to change bases and supervisors he began to smoke marijuana on occasion in order to try and help with the constant anxiety forced upon him by an SNCO.  He claimed he never smoked during the day, before his shift, or immediately after.  He further claimed the marijuana helped with his anxiety at the time and he was able to sleep better. 

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

Based on a review of the applicant’s records, there was evidence the applicant had three visits to the mental health clinic during his time in service.  The details of these visits were not available for review, although the records revealed the applicant received the diagnosis of adjustment disorder with mixed anxiety and depression.  Based on the applicant’s pre- and post-service records, along with the applicant’s testimony, it is as likely as not the applicant’s mental health condition existed prior to service (EPTS).  The applicant’s service records revealed the applicant was command referred to ADAPT for an alcohol related incident and completed alcohol education classes.

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

The applicant was discharged due to drug use (marijuana).  The applicant’s service records revealed a history of pre-service marijuana use.  Based on the available evidence in the applicant’s records, along with the applicant’s testimony in his application, there is evidence the applicant was having difficulty adjusting to military life, even when given new supervision and transferred to new locations in anticipation of alleviating identified stressors.  The applicant reported he chose to use drugs (marijuana) in a way that was incompatible with military service, which may explain the applicant’s drug use, but it does not mitigate the applicant’s misconduct for which he was discharged. 
 
The applicant submitted his VA ratings as evidence to substantiate his claim.  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 mitigated the misconduct which led to the applicant’s discharge.  

4. Does that condition or experience outweigh the discharge?
 
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.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) and (7)(a)-(7)(r) of this memorandum and did not find any evidence of inequity or impropriety.   

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, the narrative reason for separation, and the reentry code shall not change.  The AFDRB results were approved by the board president on 21 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)