AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2019-00180	
					
GENERAL:  The applicant was discharged on 15 Sep 2015 in accordance with AFI 36-3208 with a(n) Under Other Than Honorable Conditions discharge for Unacceptable Conduct.  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 10 Mar 2020.  

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/ psychologist 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 deny the applicant’s request to upgrade his discharge characterization to Honorable.

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 an Article 15 and a Letter of Reprimand.  His misconduct included:  theft and wrongful possession of several narcotic/s. 

Due to evidence of  mental health condition/s 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 and counsel contended the discharge was inequitable because the member suffered from documented mental health issues and suicidal ideations.  They state that his post-service conduct and performance in the civilian community demonstrates that it was an isolated misconduct, which was the product of his mental health issues and not the applicant’s true character.  Counsel notes that the client’s mental health issues were due to being damaged by marital problems, financial difficulties and other work stressors, which did not warrant the discharge.  They contend that the urgency in his separation was based on his eligibility to be separated for failing to promote that same day, which would have resulted in an Honorable discharge.  The applicant states that he never tested positive for narcotics and never suffered any withdrawal symptoms related to any narcotic or opiate.  The applicant’s meritorious record of service through deployments and military awards, demonstrated the quality of service that warrants an Honorable discharge.  Since separation he has been successful with his civilian career and has received numerous accolades and awards.  
After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The DRB took note of the applicant's duty performance as documented by his performance reports, awards and decorations, and other accomplishments.  The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The DRB was pleased to see the applicant has been successful since leaving the Air Force.  However, the board reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant any changes to the discharge.  The board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members.  

After a thorough review of the service record and input from the board’s psychiatrist/ psychologist, the DRB found that some of the applicant’s mental health condition was a mitigating factor to the applicant's misconduct, however, it could not completely explain or excuse the misconduct sufficiently to warrant upgrading the 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 23 Apr 20.  If desired, the applicant can request a list of the board members and their votes by writing to:  

Air Force Review Boards Agency
Attn: Discharge Review Board
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief (Applicant Only)