AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2016-00332	
					
GENERAL:  The applicant was discharged on 11 May 06 in accordance with AFI 36-3208 with a General Discharge for Misconduct.  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), with counsel, at Joint Base Andrews, MD, on 26 Jun 18.  No witnesses were present to testify on the applicant’s behalf.

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 4 to 1 to approve the applicant’s request to upgrade his discharge characterization to Honorable and to change his discharge narrative reason to “Secretarial Authority.”  It also voted to change his reenlistment eligibility code 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 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 one Article 15, three Letters of Reprimand, and five Records of Individual Counseling.  His misconduct included:  exhibiting a bad attitude and behavior, insubordinate conduct, failure to obey an order, dereliction of duty, failure to go (x2), failing a dormitory room inspection, operating a vehicle without proper insurance, leaving the scene of an accident, failure to adhere to dress and personal appearance standards, and discussing an investigation when ordered not to.   

Due to evidence of mental health conditions found in the applicant’s medical record, 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 and/or 10 USC §1553.

The applicant contended the discharge was inequitable due to his mental health conditions, specifically, his anxiety, when the misconduct occurred.  He also noted he had requested a hardship discharge, but was told he could receive a discharge with a General service characterization more quickly.  He contended his leadership told him there was no real difference between a General and Honorable service characterization, so he agreed.

While the DRB did not condone the applicant’s misconduct, based on his record and testimony, it concluded the discharge was inequitable and determined relief was warranted due to clear evidence that his mental health issues mitigated the reason for discharge and negatively impacted his capability 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,” the discharge narrative reason should be “Secretarial Authority,” and his reenlistment eligibility code should be changed to “2C.” 

The DRB results were approved by the board president on 5 Jul 18.  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