AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2016-00485	

GENERAL: The applicant was discharged on 19 Sep 08 with a Bad Conduct Discharge following a Special Court-Martial conviction.  Her discharge narrative reason was Court Martial (Other).  The applicant appealed for an upgrade of her discharge characterization to General and a change to her discharge narrative reason.  The board was conducted on 7 Sep 17.

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 clinical 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 3 to 2 to approve the applicant’s request to upgrade her discharge characterization to General. It also voted to change her discharge narrative reason to “Misconduct (Drug Abuse” and to change the reenlistment eligibility code to “2B.”

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 for failure to provide an adequate urine specimen for drug testing.  The applicant was also found guilty of wrongfully using cocaine during a Special Court- Martial and received a Bad Conduct Discharge.

Since the applicant’s request for relief was based in part on matters relating to alleged military sexual trauma, 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.

The applicant made no contentions that the discharge was inequitable or improper. She requested the upgrade to her discharge characterization in an effort to receive Department of Veterans Affairs health care benefits.

In accordance with 10 USC §1553, the board considered the application as a clemency request. As such, it did not review the discharge for propriety, but did review it for equity. Based on the applicant’s alleged military sexual trauma and mental health conditions, the board majority concluded the discharge was inequitable. It determined relief was warranted based on the applicant’s entire service record and evidence that her personal problems mitigated the reason for discharge and negatively impacted her ability to serve satisfactorily.	

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB concluded the applicant’s mental health conditions had an impact on her misconduct and contributed to the discharge.

CONCLUSION:  Sufficient evidence existed to convince the board the discharge was inequitable. Therefore, it determined the overall characterization of the applicant’s service should be upgraded to General and the discharge narrative reason was more accurately described as “Misconduct (Drug Abuse).” Additionally, the board voted to change the applicant’s reenlistment eligibility code to “2B.”

The DRB results were approved by the board president on 30 Nov 17. 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