AIR FORCE DISCHARGE REVIEW AFDRB DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00463	
					
SUMMARY: 

The Applicant was discharged on 04 April 2014 with a Bad Conduct Discharge (BCD) after being convicted of drug use and possession during a Special Court-Martial.  The Applicant was not represented by counsel.    

The applicant initially chose to have a personal appearance before the Discharge Review Board (DRB), but due to lack of response from the applicant regarding scheduling the appearance, the President of the Air Force DRB (AFDRB) authorized to complete its review of the discharge, per DoD 1332.8, E3.2.6.2.  The applicant did not have a prior record only review; therefore, the Board deemed him eligible to complete a records 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 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: A Special Court Martial Charge sheet; the Applicant’s misconduct included:  On diverse occasions, violated a General Order by consuming Spice, with intent to alter mood or function; Wrongfully possessed approximately 30 grams of marijuana, with the intent to distribute; on diverse occasions, wrongfully distributed some amount of marijuana. 

The applicant contended on his application that he was immature, young minded and his first time away from home.  He stated that he knew distribution of drugs was wrong and wishes he could change what happened.

Upon review of an Applicant’s BCD as adjudged by a Special Court-Martial, the board may change the punitive discharge to an administrative discharge for the purposes of clemency if warranted.  The Board reviewed all evidence submitted by the applicant, as well as his entire service record, but found insufficient evidence to grant the request.  The applicant did not submit any evidence of positive post-service conduct, proof of rehabilitation, self-improvement, or any other factors that the Board could use to consider an upgrade based on clemency.  The DRB concluded that the negative aspects of the Applicant’s willful misconduct outweighed the positive aspects of his service.  Therefore, the Board deemed the current discharge appropriate. 

FINDING:  The DRB voted unanimously to deny the Applicant’s request to upgrade their discharge characterization, to change the discharge narrative reason, and to change the reenlistment eligibility code.
 
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  “Bad Conduct Discharge,” the narrative reason for separation shall remain “Court Martial (Other),” and the reentry code shall remain “2L.” 

If the Applicant can provide additional information to support an upgrade based on clemency, the DRB recommends he exercises the right to make a personal appearance or directly appeal the decision to the Air Force Board for Correction of Military Records. 

The AFDRB results were approved by the Board president on 22 February 2023.  If desired, the Applicant can request a list of the board members and their votes by writing to:  

Air Force Review Board 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)