AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00493	
					
SUMMARY:  The applicant was discharged on 28 August 2017 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 contended his discharge was inequitable because it was based on an isolated incident during a time of great distress for him.  He claimed the source of his distress was his brother who was killed while trying to defend a neighbor’s home from invasion.  The applicant was deployed to Iraq at the time of the murder and his unit returned him for two weeks of emergency leave and then he returned to theater.  Upon conclusion of his deployment the applicant claimed he had a lapse of judgment and used marijuana while on post-deployment leave.  He further claimed he was later diagnosed by the VA with PTSD and assigned a disability rating.

A review of the applicant’s record revealed he received an Article 15 for wrongful use of marijuana.  

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 boxes for “PTSD” and “TBI” on his application.  The applicant contended that prior to the misconduct that led to his discharge he was on a deployment in Northern Syria/Iraq.  While deployed he was notified that his older brother was murdered back in the USA.  He claimed during post-deployment leave he had a lapse in judgement and made a poor decision.  He also claimed it would not be until later the next year that he was diagnosed by the Department of Veteran Affairs with PTSD.

2. Did that condition exist/experience occur during military service?
 
Based on a review of the applicant’s records, there is no evidence the applicant sought or received any mental health services during his time in service.  There is evidence the applicant was Command referred to ADAPT due to at least two positive drug screens and deferred and then declined substance abuse treatment. Based on a review of the applicant’s medical records, the applicant denied any mental health symptoms during his time in service and declined referral to an embedded operations mental health provider but did accept referral to a chaplain.  The records reflected the applicant reported to his medical provider he utilized chaplain services related to the death of his brother.

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

Based on a review of the applicant’s records, the applicant was discharged due to drug abuse.  The applicant contended he had a lapse in judgement and made a poor decision to use drugs during his post-deployment leave.  There is evidence the applicant reported pre-service marijuana use to MEPS.  The applicant’s service records revealed the applicant denied any mental health symptoms during his time in service; however, there is evidence the applicant reported on his Preventative Health Assessment he had been referred to the chaplain during his time in service due to the death of his brother.  There are no records the applicant had a mitigating mental health condition during his time in service however, there is evidence the applicant’s experience of the death of his brother may have caused or substantially contributed to the misconduct that led to his discharge.  

4. Does that condition or experience outweigh the discharge? 

A review of the applicant’s service records revealed the applicant’s experience as likely as not outweighed his discharge when considering the totality of his service record and the circumstances of and surrounding his experience, in service, of the death of his brother. 

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.  The Board concluded that this request for relief should be considered in whole on a mental health condition on the grounds of equity even though there is insufficient evidence to warrant relief for an error or impropriety.

FINDING:  The DRB voted unanimously to approve the applicant’s request to upgrade his discharge characterization to Honorable.  The DRB also voted unanimously to deny changing the discharge narrative reason to Secretarial Authority and changing 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, however, the Board determined the applicant’s mental health condition mitigated the misconduct and warranted an upgrade.  Therefore, the awarded characterization of service shall change to Honorable.  The narrative reason for separation and the reentry code shall not change.  The AFDRB results were approved by the board president on 29 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)