AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2015-00372	
					
GENERAL:  The applicant was discharged on 1 Jun 08 with a Bad Conduct Discharge after being convicted of a three charges during a Special Court-Martial.  The applicant appealed for an upgrade of his discharge characterization to General.  The board was conducted on 19 Apr 18.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  The applicant was not represented by counsel.   

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and training on mental health disorders.

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. 
  
FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to General.

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 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 Special Court-Martial convictions on three charges:  driving his privately owned vehicle on base while driving privileges were revoked, committing sodomy with a child under the age of 16, and being drunk and disorderly.  The applicant also received two Letters of Counseling for a lack of effort and failing a Career Development Course pretest, and for abusing a government computer. 
 
Due to evidence of mental health conditions found in the applicant’s medical record, the board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and/or 10 USC §1553.

The applicant contended the discharge was inequitable because he was not given the right to face his accuser and his Area Defense Counsel was incompetent.  He also noted he was treated for depression and alcohol dependence.  

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The characterization of the discharge received by the applicant was deemed to be appropriate.

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

CONCLUSION:  The DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge.

The DRB results were approved by the board president on 30 Apr 18.  If desired, the applicant can request a list of the board members and their votes by writing to:  SAF/MRBR (CITU), 550-C Street West, Suite 41, Randolph AFB, TX  78150-4743.
  
Attachment:
Examiner's Brief