AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00432 	
					
SUMMARY: 

The applicant was discharged on 25 September 2013 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 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 a Special Court-Martial Order.  His misconduct included: On divers occasions, knowingly introduced Coricidin in a manner contrary to its purpose and in excess of the prescribed dosage, and in a manner to alter mood or function; and wrongfully used Psilocybin, a schedule I controlled substance. 
 
The applicant through counsel contended that the discharge was improper. The applicant explained that he was a victim of an error of discretion because the special court-martial judge found that separation was not needed as the confinement and reduction in rank were sufficient, however, the Commander separated him with a General discharge anyway. Additionally, they contended that it is inequitable as the discharge unjustly stigmatizes and hinders him, as the vast majority of his service was honorable. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The Board determined the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career. The report detailing the trial results explains that the Court-Martial judge specified that a Bad-Conduct Discharge would not be approved as a result of a Court-Martial. This did not indicate that separation is not required as a result of the misconduct. The Air Force has a zero-tolerance policy on drug abuse, and its members who violate this policy are separated unless waivered using the retention criteria. The Board understood that the current discharge may hinder the applicant and render him ineligible for Department of Veterans Affairs education benefits, however, this is not a matter of impropriety or inequity that would warrant an upgrade. The discharge received was deemed to be appropriate.

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 6 December 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)