AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00544	
					
GENERAL:  The applicant was discharged on 16 Dec 15 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Misconduct (Serious Offense).  The applicant appealed for an upgrade of his discharge characterization to General or Honorable, a change to the discharge narrative reason.  The board was conducted on 22 Aug 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 unanimously to approve the applicant’s request to upgrade his discharge characterization to General.  However, the board voted unanimously to deny the applicant’s request to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 3K.

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, one Letter of Reprimand, and one Letter of Counseling.  His misconduct included:  failure to go at prescribed time to appointed place of duty (x2); operated a vehicle while under the influence of alcohol, crashed, and injured another airman; and wrongful, and reckless operation of a passenger car, containing a passenger, on a public road, while under the influence of alcohol.  The applicant was found guilty in a Summary Court-Martial for failure to obey an ordered restriction. 

Due to evidence of a traumatic brain injury (TBI), post service diagnosed post-traumatic stress disorder (PTSD), and a mental health condition 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 because he suffered from PTSD and TBI.  The applicant states that he sustained multiple TBIs from car accidents, one IED, and from a rocket propelled grenade explosion.  He states that his struggles with PTSD were the result of a deployment to Afghanistan.  The applicant states that he was treated for frequent headaches, an inability to concentrate, insomnia, combat stress, and adjustment disorder.  The applicant insists that his decision to violate the restriction was a direct result of the mental health symptom that he was suffering from at the time.  

The DRB recognized the applicant suffered from the effects of TBI, received multiple mental health diagnosis while in service, and was diagnosed with PTSD post-service.  The board considered the degree to which the requested relief is necessary for the applicant.  The board concluded an upgrade is appropriate in order to allow the applicant access to medical services through the Department of Veterans Affairs.
 
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 to an Honorable.

CONCLUSION:  The board found neither the evidence of record, nor that provided by the applicant substantiated an impropriety.  However, sufficient evidence existed to convince the board the discharge was inequitable.  Therefore, the board determined the overall characterization of the applicant’s service was more accurately reflected by a General discharge.  The board did not change the discharge narrative reason or the reenlistment eligibility code.    

The DRB results were approved by the board president on 29 Aug 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
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief