AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2019-00518	
					
GENERAL:  The applicant was discharged on 04 Mar 2019 in accordance with AFI 36-3208 with a(n) Under Other Than Honorable Conditions discharge for In Lieu Of Trial By Court Martial.  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 22 Oct 2019.

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/ 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.  The board unanimously voted to deny a change to 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 an Article 15 for underage drinking and a Special Court Martial for unlawfully pushing and hitting his spouse.

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 contended the discharge was inequitable.  He was charged with domestic assault and battery in the presence of a minor.  The alleged victim was his wife, he was charged with assault and accepted a discharge in lieu of trial by Court Martial.  He contends that his commander prejudged him after his arrest.  He attended an alcohol inpatient treatment program and during a team meeting before charges were preferred the Commander referred to him as a “convicted felon”.  He also contends that his Commander preferred charges against him, even though his spouse wanted nothing to do with the Court Martial. Prior to the charges, his wife signed a “memorandum of Non-Participation” that was submitted to the legal office and the commander.  He states that his wife supported an alternative disposition to a Court Martial.   Although his wife support this request for alternative disposition, it was not supported by the commander or the legal office.  His wife and her Special Victims Counsel made it clear she did not was to participate and did not want any punishment levied against him, but her request were ignored.  He states that his discharge is related to one isolated incident that is due to depression and alcohol use.   He also contends that the mental health counselors he was working with believed that his Court Martial /discharge was improper since he needed the opportunity to continue the treatment plan given to him.  During this ordeal, he also had to overcome a serious medical condition.  He contends that his current characterization is inequitable to the multiple years of meritorious service he has given and his wife’s request to not go through with the court martial.

The DRB took note of the applicant's duty performance as documented by his performance reports, awards and decorations, and other accomplishments.  The board 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 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 board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members.  

Upon review of the applicant’s service record, the board was not able to find all of the documentation regarding the discharge.  Since the board relies on the presumption of regularity, it concluded the discharge received by the applicant was appropriate.  

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.

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.    

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 14 May 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)