AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT CASE NUMBER FD-2019-00798 GENERAL: The applicant was discharged on 26 Jul 05 with a Bad Conduct Discharge after being convicted of a drug-related offense during a Special Court-Martial. The applicant appealed for an upgrade of his discharge characterization to Honorable. The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using VIDYO Cloud Connect between Joint Base Andrews, MD, and applicant's home address on 18 Aug 20. No witnesses were present and testified on the applicant's behalf. 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 2 to 1 to approve 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 guilty findings from a Special Court Martial for wrongful attempt to develop a relationship with and providing alcohol to a trainee assigned to members military training squadron; wrongful making sexual advances toward and attempting to develop a personal relationship with a trainee assigned to members military training squadron; and wrongful touch of an Airman's breast, buttocks; and vaginal area with members hands over Airman's clothes. Due to evidence of post-traumatic stress disorder (PTSD) and a traumatic brain injury (TBI) 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 his mental health issues were undiagnosed while in service. He states that he suffered from a TBI, nightmares, and other physical injuries due to an attack while deployed. He insists that he did not realize the concussion from the explosion created brain injuries, but he was aware of the issues with his ears immediately. The applicant maintains that he was innocent of the accusation. The applicant states that his leadership conspired against him during the trial, and witnesses who could have testified on his behalf were placed on leave. The applicant states training protocol was ensured another trainer was always present, and he was never alone with a trainee. He insists that there was a female instructor observing him during training at the time, and he did not touch anyone improperly. He insists that he trained the students according to the lesson plans, and was applauded by leadership for his lesson plans. The applicant believes his ex-wife was upset with his decision to become an instructor, and attempted to sabotage his career. He states that she would regularly complain to his leadership that he was abusing her even though there was no medical evidence of abuse. The applicant states that after his ex-wife attempted suicide, he was awarded custody of his children. He states there was a lot of pressure to raise his children and be an instructor. The applicant believes that he did the best he possibly could for the Air Force while in service. The DRB reviewed the applicant's entire service record and found the applicant received mental health treatment for stressors and anxiety about his wife's suicidal ideations if they were to divorce. The board noted the applicant's overall positive service outweighed the misconduct, and the applicant has not been free from issues since the discharge. The board concluded family problems present mitigation of the reason for discharge that may have affected the applicant's ability to serve satisfactorily, and an upgrade is warranted. After a thorough review of the service record and inputs from the board's psychiatrist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge. 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 an Honorable or the discharge narrative reason was more accurately described as "Secretarial Authority." The board did not change the discharge narrative reason or the reenlistment eligibility code. The DRB results were approved by the board president on 8 Sep 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)