AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2017-00147	

GENERAL: The applicant was discharged on 10 Feb 11 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 applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Joint Base Andrews, MD, and Joint Base San Antonio-Randolph, TX on 4 Dec 17. No witnesses were present or testified on the applicant’s behalf. Additional supporting documentation was submitted at the hearing and reviewed by the board.

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 Honorable and to change the discharge narrative reason.

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 one Article 15, one vacation of suspended nonjudicial punishment, and one Letter of Reprimand. His misconduct included: failure to report to duty at the prescribed time and location, unauthorized use of his Government Travel Card, and absenting himself from his place of duty without authority.

Since the applicant’s request for relief was based in part on matters relating to post-traumatic stress disorder (PTSD), the board considered the case based on the liberal consideration standard required by 10 USC
§1553.

The applicant contended the discharge was inequitable because it was too harsh for an isolated incident. He stated the absence from duty that led to the vacation of his suspended nonjudicial punishment was never proven and his chain of command relied on hearsay. The applicant believed his commander was biased against him and he was unable to defend himself against the allegations, even with the help of an Area Defense Counsel. The applicant cited his two deployments, multiple flight hours, and numerous medals as justifications for an upgrade so he can obtain GI Bill benefits.

The DRB recognized the applicant served 5 years before the discharge was initiated and reviewed the entire service record, but concluded the seriousness of the applicant’s willful misconduct was not overcome by the positive aspects of his service. It found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board understood the applicant’s present service characterization renders him ineligible for	

Department of Veteran Affairs education benefits. However, this is not a matter of inequity or impropriety which would warrant an upgrade.

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 board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge. Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved.

The DRB results were approved by the board president on 19 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