AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2019-00537	
					
GENERAL:  The applicant was discharged on 04 Dec 2008 in accordance with AFI 36-3207 with a(n) 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 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 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 unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable and to change the discharge narrative reason to Secretarial Authority. 

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 several Letters of Reprimand for voyeurism. 

Due to evidence of post-traumatic stress disorder (PTSD) / 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/improper.  He states that it was inequitable because of the new policies that have been implemented since his discharge.  Applicant is requesting liberal consideration for a change to his characterization based on changes in AF policies and diagnosed mental health conditions.  He contends that current policies state that a discharge upgrade is warranted if the military member suffered from mental health condition at the time of discharge that was psychological in nature not criminal.  He states that he suffered from a mental health condition that he had while serving in the military, which had a direct relation to his misconduct and diagnosed post-service.  He has also received private counseling, which evaluated and diagnosed him with Obsessive Compulsive Disorder (OCD), as well as PTSD.  He states he sought help through military channel countless times prior to his misconduct but was turned away because they couldn’t provide the proper care for him.  When the condition escalated and became unmanageable, he was discharged.  He states that the discharge was improper because his reasoning for his discharge is in error.  He contends that according to numerous psychologists and psychiatrists he sought, they conclude that his actions were never criminal but, psychological in nature.  He notes that his court records were corrected and that his service records and accomplishments while in service should show that he served honorably and should be reflected with the upgrade.

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 negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.    

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 27 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)