AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00578	
					
SUMMARY:  The applicant was discharged on 09 May 2022 in accordance with AFI 36-3208, Administrative Separation of Airmen, with a General discharge Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization.

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 30 March 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 for wrongful use of Tetrahydrocannabinol (THC).  

The applicant made no contentions.  He requested a discharge upgrade to allow him access to Department of Veterans Affairs (DVA) educational benefits.

A review of the applicant’s record revealed he tested positive for THC after random urinalysis testing.  For the misconduct he was punished under Article 15, UCMJ, and his command initiated administrative discharge processing.  In his response to the discharge action, he claimed he used someone else’s vape (electronic cigarette) and possibly unknowingly ingested THC.  His Area Defense Counsel (ADC) also argued that given the low level of THC in his system, his specimen was at the DoD cutoff (15ng), that he likely would not have experienced any effects from the THC, which logically proved he unknowingly ingested the drug.  The ADC further argued that without any corroborating evidence, the command should not find the applicant knowingly ingested an illegal substance, therefore, he could not be found guilty of said offense.

After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  Although the applicant contended his THC level was low, it was still over the acceptable threshold per Air Force policy.  Furthermore, the applicant did not provide any evidence to suggest his discharge was improper or inequitable.  Therefore, the board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service, and his discharge was in line with standard Air Force policy.  Finally, the board understood the applicant’s present service characterization renders him ineligible for DVA 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, the narrative reason for separation shall remain, and the reentry code shall remain.  The Air Force DRB (AFDRB) results were approved by the board president on 18 April 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)