AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00353	
					
The applicant was discharged on 02 Sep 08 in accordance with AFI 36-3208 with a(n) General / discharge for Misconduct.  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason.  The board was conducted on 26 Sep 19.  

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 not 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 3 to 2 to deny the applicant’s request to upgrade his discharge characterization to Honorable, to change the discharge narrative reason to Secretarial Authority and to change the 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, multiple Letter’s of Reprimand, and several Letter’s of Counseling.  His misconduct included:  failure to go/tardiness (x3), willfully damaging property, government vehicle damages, failure to disclose/pay debt, failure to perform walk around inspection on refueling unit, locking spouse out of residence due to marital issues, absence from workplace.

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 made no contentions that the discharge was inequitable/improper.  The applicant contends that he was undiagnosed when he entered the Air Force and was unable to perform his duties and that the misconducts were due to his medical reasons.  He is currently receiving treatment for alcohol/cannabis use disorder and suffers from schizoaffective and bipolar disorder.  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.  It found the seriousness of the applicant’s willful misconduct offset the positive aspects of his service.  

After a thorough review of the service record and input from the board’s psychiatrist, the DRB found that 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.

If the applicant can provide additional information to substantiate his contentions, the board recommends he exercise the right to make a personal appearance before the DRB or appeal the DRB’s decision to the Air Force Board for Correction of Military Records.    The board also highly recommends that if the applicant would like to pursue a medical discharge, he should go through the Air Force Board for Correction of Military Records since it is not in the Air Force Discharge Review Board’s scope of authority to deliberate such matters.

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 18 Oct 19.  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