AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00269	
					
GENERAL:  The applicant was discharged on 9 Mar 12 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.  The board was conducted on 14 May 20.  

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 General.

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 a civilian arrest for unlawful entry and multiple counts of theft.

Due to evidence of 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 it was based on an isolated incident, and was under mental duress due to ongoing marital issues.  The applicant states that he endured physical and mental abuse from his ex-wife.  He insists that his leadership was aware of his marital problems and recommended counseling.  He states they attended marriage counseling, but their relationship did not get any better.  The applicant states that when he attempted to leave his ex-wife, she swallowed a large quantity of her bi-polar medication in an attempt to commit suicide.  The applicant states that his mental state was deteriorating and he attempted to separate from the Air Force, but his leadership ignored his request.  The applicant admits to stealing a motor vehicle, but believes the deteriorated mental state contributed to his inability to make good decisions.  The applicant believes that his otherwise outstanding service should outshine the isolated incident.  

The DRB recognized the applicant served 3 years before the discharge was initiated and reviewed the entire service record, but concluded the seriousness of the applicant’s willful misconduct offset the positive aspects of his service.  

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.

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 3 Jun 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)