AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2016-00579	

GENERAL: The applicant was discharged on 13 Apr 16 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization to Honorable and a change to the discharge narrative reason. The board was conducted on 2 Nov 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 4 to 1 to approve the applicant’s request to upgrade his discharge characterization to Honorable, and to change the discharge narrative reason to “Secretarial Authority.” The board also determined his reenlistment eligibility code should be changed to “2C.”

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 six Letters of Reprimand and three Letters of Counseling. His misconduct included: being disrespectful in language and deportment toward an NCO, failure to obey a lawful order (x2), engaging in a verbal altercation with another Airman, failure to report to appointed place of duty, insubordinate conduct toward an NCO, failure to meet Air Force fitness standards (x2), and failure to report to duty on time (x2).

Due to evidence of multiple mental health diagnoses found in the applicant’s medical record, the board considered the case based on the liberal consideration standard required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness.

The applicant contended the discharge was improper because he was not afforded the opportunity to review and sign the discharge documentation prior to his separation. He also claimed the discharge narrative reason was incorrect because he never received an Article 15 or any nonjudicial punishment during his career.
Additionally, he noted he was experiencing a variety of psychological problems at the time of his discharge and believed he received biased and unfair treatment from his chain of command.

The DRB reviewed the entire service record and noted the applicant was notified of his pending discharge and provided a response to the notification memorandum at the time. The board confirmed there is no requirement for a member to sign his/her DD Form 214, Certificate of Release or Discharge From Active	

Duty, upon discharge. While the board did not find any evidence of impropriety, it found sufficient justification to conclude the discharge was inequitable. It determined relief was warranted based on evidence that the applicant’s personal problems, specifically his mental health conditions, mitigated the reasons for discharge and negatively impacted his ability to serve satisfactorily.

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found conclusive indications that mental health issues had a direct impact on the applicant's misconduct and discharge.

CONCLUSION: The board found neither the evidence of record, nor that provided by the applicant, substantiated an impropriety. However, sufficient evidence existed to convince the board the discharge was inequitable. Therefore, the board determined the overall characterization of the applicant’s service was more accurately reflected as Honorable and the discharge narrative reason should be changed to “Secretarial Authority.”  The board also determined his reenlistment eligibility code should be changed to “2C.”

The DRB results were approved by the board president on 7 Dec 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