AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00554	
					
SUMMARY: 

The applicant was discharged on 23 December 2020 in accordance with AFI 36-3208 with a General Discharge for Drug Rehabilitation Failure.  The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

The applicant was not represented by counsel.    

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

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 and multiple Letters of Reprimand.  His misconduct included:  Violated a direct order and failed to adhere to social distancing guidelines; and not at the appointed place of duty at the scheduled time and remained absent until apprehended. 

The applicant contended that he faced many obstacles in service, including many mental health issues.  He explained that he began self-medicating to cope with his mental health issues and became addicted.  The applicant stated that he self-referred to the Alcohol and Drug Abuse Prevention Treatment (ADAPT) Program, was recommended to go to an inpatient facility but he declined, opting to go to an outpatient facility.  He indicated that due to his declination to go to inpatient treatment resulted in ADAPT failure.  He highlighted that the failure was not for any other reason such as continued use or disciplinary issues. 

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 applicant declined ADAPT, and for this reason was discharged. In the  ADAPT memorandum signed by the applicant, the possible consequences for treatment declination were identified and  included a recommendation for discharge.  The discharge received was deemed appropriate.  

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

The applicant checked the boxes for “PTSD” and “other mental health” on the application”.  The applicant contended “I contended that my military service wasn’t perfect due to many obstacles I faced while in service including my mental health issues Panic Disorder, Generalized Anxiety, Opioid Use Disorder-Severe and Cannabis Use Disorder-Severe. During my military service I started to cope with my mental health issues by self-medicating and later found myself addicted.” 

2. Did that condition exist/experience occur during military service? 

A review of the applicant’s records revealed the applicant self-referred to the ADAPT clinic and reported to providers that he was misusing opioids and marijuana. The applicant’s records revealed the applicant declined any and all treatment services and recommendations.  There is evidence the applicant received mental health services after he self-reported his substance use; a review of the applicant’s records revealed the applicant believed his pattern of substance use may have been affecting his mood. There was no evidence the applicant received a diagnosis of PTSD during his time in service. There was no evidence or records the applicant exhibited or endorsed any clinically significant indicators of PTSD during his time in service.   

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

The applicant stated in his application statement “From my knowledge, recommend is only a suggestion, I was never required or ordered to attend the inpatient facility so why wasn’t I granted an outright honorable discharge, because of the limited use information being introduced in my characterization.”  The applicant also submitted his Administrative Discharge memorandum in which the applicant acknowledged that he was declining to participate in the ADAPT t program and was informed that “denial would constitute an ADAPT failure and trigger the recommendation that he be administratively separated.”  Further, a review of the ADAPT Program Failure Memorandum revealed the applicant declined “in-patient treatment, Intensive outpatient treatment, and Level 1 treatment.”  In accordance AFI 44-121 and AFI 32-3208 the applicant was recommended for administrative separation due to the applicant’s refusal of treatment.  The records reveal the applicant’s mood symptoms were as likely as not onset by applicant’s heavy and maladaptive patterns of substance use.  The applicant was discharged due to ADAPT failure; the applicant’s records reflect he knowingly and willfully refused treatment for his substance use which explains the applicant’s discharge, but it does not mitigate it.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated, 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 “Drug Rehabilitation Failure,” and the reentry code shall remain “2B.” The Air Force DRB (AFDRB) results were approved by the board president on 6 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)