AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

RECORD REVIEW

MEMBER SITTING

HON

GEN

UOTHC	OTHER

DENY

X+

X+ X+ X+
X+

ISSUES	A94.06	INDEX NUMBER	A70.00	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRJEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPERANCE	
HEARING DATE

06 Dec 2003	CASE NUMBER

FD-2002-0122			

Case heard at Randolph AFB, Texas.

+ Change reason and authority to Secretarial Authority Advise applicant of the decision of the Board.	

TO:

FROM:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF 1HE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2002-0122	

GENERAL:   The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge.

The applicant appeared before the Disch ' I•  t  •	•	• ' d (DRB) at Randolph AFB, Texas, on 6 December  2003. The applicant was represented by counsel			•f the Texas Veterans Commission .
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

The applicant submitted the following additional documentary evidence: Exhibit #6, Medical Evaluation, dated 4 November  1999.

.. FINDINGS:  The Board grants the requested relief.

The Board finds that the evidence of record and that provided by the applicant substantiates an inequity which justifies a change of discharge.

ISSUE:

Applicant  contends  that  his  discharge  was  inequitable  because  his  alleged  misconduct  was  a result  of his  mental health.

Prior to the commission of the applicant's offenses, he was the subject of a Medical Evaluation Board for a medical condition that is disqualifying for continued military service.  The applicant subsequently was diagnosed with an associated Major Depressive Disorder, for which the evaluating psychiatrist determined would result in a "moderate" degree of impairment for further military service and a corresponding "definite" degree of impairment in civilian social and industrial adaptability.  The aforementioned severity levels correlate with a disability rating in accordance with the Veterans Administration  Schedule for Rating Disabilities which could have resulted with the applicant's
removal from military service.  However, the applicant was instead retained on active duty following an assessment by the Military Disability Evaluation System for his fitness for continued military service.  Consequently, the applicant was returned to duty and reassigned custodial jobs within his organization.

The applicant testified that as a result of disclosures of his primary diagnosis within his unit of assignment, his depressive illness worsened.  The applicant further testified it was the perceived "death sentence" he received for his illness and the secondary depression that led him to use illegal narcotics as they produced some degree of comfort. Based on the specific facts surrounding this case, the Board concluded an upgrade of the applicant's discharge and reason for discharge was the most appropriate course of action.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was inequitable because of the unique facts and circumstances surrounding the applicant's service on active duty. Inview of the foregoing findings the board further concludes that the applicant's discharge should be changed. The Board further  concludes  that the  overall quality of applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described as Secretarial Authority. The  applicant's  characterization  and  reason  for  discharge should be changed to Honorable pursuant to Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief