AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00615	
					
The applicant was discharged on 14 Aug 13 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 7 Jan 21.  

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, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C.

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 a few Article 15s and a vacation of suspended non-judicial punishment. His misconduct included: willfully failed to treat Airman in a dignified and respectful manner; unlawfully struck Airman with hand; unlawfully pulled an Airman’s uniform sleeve with hand; willfully failed to follow security instruction by bringing unauthorized laptop while on shift; found sleeping on post.

Due to evidence of mental health conditions 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 states that his initial contract with the Air Force was 4 years however he was offered a 2 year extension which he took. He goes on to state that he had completed his 4 year initial contract by the time the issues arose and the subsequent discharge happened and therefore his discharge should reflect his honorable service during the 4 year period. The member states that when the issues arose, he was suffering from insomnia which he now has a 30% disability rating for. He goes on to state that this insomnia contributed to the 2 Article 15s he received for sleeping. The member claims to have developed PTSD to bright flashes of light during pre-deployment training. He states that he had a PTSD episode while deployed which led to immediate separation. He goes on to say that he was unaware he had triggers for PTSD and it wasn’t until separation that he began to realize he had triggers to light reflection that caused impulsive shifts in mood and actions. The member concludes that he would like to use the upgrade to better himself and pursue education. 

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. The characterization of the discharge received by the applicant was deemed to be appropriate.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board understood the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

Upon review of the applicant’s service record, the board was not able to find any 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 inputs from the board’s psychiatrist/ psychologist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge. There was no evidence he experienced any PTSD, PTSD-like symptoms or any other MH conditions around the time of his misconduct and discharge, which was three years after he successfully completed MH treatment, and no evidence he was given a diagnosis of PTSD by the VA.

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. 

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 directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records.  

The DRB results were approved by the board president on 22 Jan 21.  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)