AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00330	
					
GENERAL:  The applicant was discharged on 12 Mar 10 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of her discharge characterization to Honorable and a change to her discharge narrative reason.  The board was conducted on 7 Jun 18.  

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 represented by counsel.    

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 deny the applicant’s request to upgrade her discharge characterization and to change her discharge narrative reason.  It also voted unanimously not to change her reenlistment eligibility code.

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 two Article 15s and one Letter of Reprimand.  Her misconduct included:  committing a physical assault, consuming alcohol while under the age of 21, damaging government property, and endangering other personnel. 

Due to evidence of a mental health condition and the applicant’s claim that she was a victim of military sexual assault, 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 she was the victim of two military sexual assaults and that resulted in her alcohol abuse.  She claimed the military’s policy for dealing with sexual assault victims has changed since her discharge.  She was seeking the upgrade in her service characterization in an effort to obtain GI Bill benefits.

The DRB noted the applicant did not report either sexual assault after it occurred.  This prevented her chain of command from offering assistance and taking other appropriate actions.  The board understood the applicant’s present service characterization renders her 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 her request was not approved. 

The DRB results were approved by the board president on 29 Aug 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