AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00523	
					
SUMMARY: 

The applicant was discharged on 19 April 2018 in accordance with AFI 36-3208 with a General Discharge for 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 was not represented by counsel.    

The applicant 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 an Article 15.  His misconduct included:  Wrongful use of marijuana.

The applicant requested an upgrade so that he may use the GI Bill.  He contended that when accused of the drug use, he was not offered a trial to prove his innocence, nor was he offered any help in form of rehab which is now an option in the military. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  Nothing in the record nor evidence provided by the applicant indicated that  he was unaware of the Air Force’s policy of zero tolerance for illegal drug use.  The Board noted that the applicant accepted the non-judicial punishment, thereby waiving his right to a court-martial.  Thus, the applicant had the opportunity to present his case, but he declined it.  The Board also understood the applicant’s present service characterization renders him ineligible for the Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

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 21 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)