AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00423	
					
SUMMARY: 

The applicant was discharged on 3 October 2017 in accordance with AFI 36-3208 with a General discharge after 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 10 January 2023.  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 Discharge Review Board (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 for wrongful use of marijuana.

The applicant contested that his discharge was inequitable because despite admitting to marijuana use, he did not test positive nor was he found in possession of the banned substance.  The applicant requested a discharge characterization upgrade to Honorable and that his separation and reentry code be upgraded to allow him to serve in the Wisconsin ANG.  The applicant stated that his integrity of confessing to his mistakes and no other adverse actions during his four years of service, warrant the upgrade.  

The DRB conducted a thorough review of the applicant’s service records and determined, the applicant admitted to wrongful use of marijuana and took full responsibility for his actions. He even acknowledged that he was aware of the Air Force’s zero tolerance policy for illegal drug use.  The DRB 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 (7)(a), an applicant’s candor; (g) acceptance of responsibility, remorse, or atonement for misconduct; and (q) letters of recommendation.  The Board recognized that even though the applicant wrongfully used marijuana, his candor and acceptance of responsibility for his misconduct showed evidence of rehabilitation.  In addition, the applicant had several letters of recommendations praising his character and work ethic.  

FINDING:  The Board voted unanimously to approve the applicant’s request to change the reenlistment eligibility code to 3K.  The DRB also voted unanimously to deny upgrading his discharge characterization to Honorable.  
 
CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s request, summary of service, service/medical record entries, and discharge process, the Board found the discharge was inequitable.  Therefore, the awarded characterization of service and the narrative reason for separation shall not change, but the reentry code shall change to 3K.  The DRB results were approved by the board president on 13 February 2023.  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)