RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03701

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT’S CONTENTIONS

The significant mental health issues that he was experiencing prior to his discharge were not taken into consideration.  In 2016, the Air Force Discharge Review Board (DRB) evaluated his discharge based on performance reports and letters of recommendation, concluding that the misconduct leading to his discharge outweighed any positive aspects of his duty performance.  However, the DRB did not consider the impact of mental health concerns, which formed a critical element of the events that led up to his discharge.  He suffered from alcoholism and depression during his military service; however, he was not diagnosed or treated while serving in the military.  These conditions were a catalyst to the misconduct that led to his discharge.  He was not convicted of the two serious charges listed as serious offenses.  The incident that led to those charges took place after a significant traumatic event had occurred within his family.  His mental health conditions have affected his quality of life ever since his discharge.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former senior airman (E-4) who served in the Regular Air Force.

On 20 Oct 14, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen  for misconduct: (1) commission of a serious offense, and (2) minor disciplinary infractions.  The commander recommended the applicant’s discharge be characterized as general (under honorable conditions).

On 11 Sep 14 [sic], the applicant acknowledged receipt of the discharge notification and after consulting with counsel, on 23 Oct 14, he provided a statement for the discharge authority’s consideration requesting that the discharge action be withdrawn, or that he receive probation and rehabilitation, or that he be separated with an honorable discharge.

On 23 Oct 14, the staff judge advocate found the discharge action legally sufficient and recommended the applicant be separated with a general (under honorable conditions) discharge characterization.  The discharge authority approved the recommendation on 24 Oct 14.

On 31 Oct 14, the applicant was discharged with a general (under honorable conditions) character of service.  His narrative reason for separation is Misconduct (Minor Infractions) and he was credited with 2 years, 11 months, and 16 days of active service.

On 14 Dec 15, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to upgrade his discharge to honorable.  On 13 Oct 16, the AFDRB concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.  The board further concluded that no legal or equitable basis for upgrade of the discharge existed and determined the discharge should remain unchanged.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

On 3 Sep 14, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records as they carefully consider each petition regarding discharge upgrade requests by veterans claiming PTSD.  In addition, time limits to reconsider decisions will be liberally waived for applications covered by this guidance.

On 25 Aug 17, the Under Secretary of Defense for Personnel and Readiness (USD P&R) issued clarifying guidance to Discharge Review Boards and Boards for Correction of Military/Naval Records considering requests by veterans for modification of their discharges due in whole or in part to mental health conditions [PTSD, Traumatic Brain Injury (TBI), sexual assault, or sexual harassment].  Liberal consideration will be given to veterans petitioning for discharge relief when the application for relief is based in whole or in part on the aforementioned conditions.

Currently, service members diagnosed with mental health conditions receive heightened screening to ensure the causal relationship of possible symptoms and discharge basis is fully considered, and characterization of service is appropriate.  Veterans discharged under prior procedures, or before verifiable diagnosis, may not have suffered an error because the separation authority was unaware of their condition or experience at the time of discharge.  However, when compared to similarly situated individuals under current standards, they may be the victim of injustice because commanders fully informed of such conditions and causal relationships today may opt for a less prejudicial discharge to ensure the veteran retains certain benefits, such as medical care.

Liberal consideration does not mandate an upgrade.  Relief may be appropriate, however, for minor misconduct commonly associated with the aforementioned mental health conditions and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.

On 25 Jul 18, the USD P&R issued further guidance with the intent to set clear standards.

Copies of the Board guidance memoranda are at Exhibit E.

AIR FORCE EVALUATION

The AFBCMR Psychiatric Advisor recommends denying the application.  The psychiatric advisor failed to find any evidence of the alleged psychological struggles during military service or a nexus between the claimed depressive symptoms and misconduct and finds insufficient evidence to warrant an upgrade of the discharge characterization.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Sep 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the AFBCMR Psychiatric Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board did not find the applicant had a mental health condition during his military service that should be considered as a mitigating factor for his misconduct, nor was his mental health condition aggravated by service.  Additionally, the Board is satisfied that the application of liberal consideration does not warrant any relief.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-03701 in Executive Session on 20 May 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 3 Sep 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Sep 19.
Exhibit E:	Consolidated clarifying guidance, various dates.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.