AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00496	

SUMMARY:  The applicant was discharged on 24 October 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 and a change to the discharge narrative reason.

The applicant requested the board be completed based on a records only review. The Board was conducted on 23 February 2023.

The applicant was represented by counsel.

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.  His misconduct included:  Wrongful use of marijuana. 

The applicant, through counsel contended impropriety and inequity.  They laid out three contentions regarding the discharge.  First, his mental health condition mitigated his misconduct.  Second, the applicant’s service was “Honorable” by definition and was so meritorious that a less than “Honorable” discharge was inappropriate. And lastly, they stated that the applicant has been rehabilitated and should no longer carry the stigma of a less than Honorable discharge. 

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 saw nothing to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The applicant contended that his service was deserving of an Honorable discharge; however, the seriousness of his willful misconduct offset the positive aspects of his service.  The DRB acknowledge the issues that can result from having a General discharge; however, this is not a matter of inequity or impropriety which would warrant an upgrade.     

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 (4) 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 have a condition or experience that may excuse or mitigate the discharge? 

The applicant checked the box for “other mental health” on the application.  The applicant, through counsel, contended “Under the influence of his unbearable anxiety that was stemming from worrying about his family, he and three other airmen in his squadron decided to travel to Amsterdam for the weekend to visit the Heineken brewery.  [The applicant] states that the trip was the result of bad judgment due his overwhelming anxiety…He had no previous thoughts or plans of using marijuana.  That night in Amsterdam, [the applicant] and the others consumed alcoholic beverages and became intoxicated.  His anxiety, which led to his intoxication, ultimately led to his single use of marijuana.” 

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 a positive urinalysis during his time in service and completed 3 substance use education classes during his time in service.  The applicant, through counsel, contended the applicant, while intoxicated on a trip with fellow airmen, knowingly smoked marijuana to reduce his anxiety.  However, a review of the applicant’s in-service records revealed the applicant claimed his e-cigarette was tampered with and he did not knowingly ingest marijuana.  There is no evidence the applicant exhibited or endorsed any clinically significant indicators of a mental health condition during his time in service.   

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

A review of the applicant’s records revealed the applicant was discharged due to drug abuse.  The applicant claimed during his time in service that his e-cigarette was tampered with, and he did not knowingly ingest marijuana.  The applicant, through counsel, contends the applicant’s anxiety led to his use of marijuana.  There is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant exhibited or endorsed any clinically significant features a mental health condition during his time in service.  There is no evidence a mental health condition caused or mitigated the misconduct that led to the applicant’s discharge.

4. Does that condition or experience outweigh the discharge? 

There is no evidence to substantiate the applicant’s contention that he had a mental health condition in service.  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.

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/medical record entries, and discharge process, the Board found the discharge was proper and equitable.  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 Air Force DRB (AFDRB) results were approved by the board president on 3 March 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)