AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  

CASE NUMBER

 FD-2017-00057
      					
GENERAL:  The applicant was discharged on 5 Jun 07 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 10 May 18.  

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 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 deny the applicant's request to upgrade his discharge characterization to Honorable.

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 two Article 15s and a Record of Individual Counseling.  His misconduct included:  being absent from his appointed place of duty without approval, being disrespectful to an NCO, willfully damaging military property on two separate occasions, assaulting three other Airmen, and operating a vehicle on base with an expired registration.  

Due to evidence of a 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 contended the discharge was inequitable because it was unwarranted and overly harsh.  He claimed his First Sergeant told him the only way he could go see his dying grandmother was to accept his discharge, and he was told to sign his discharge documents without having them explained to him.  Further, he asserted the discharge was retaliation against him and he was coerced into it during a time of drawdown.  Lastly, he argued he needed to be mentored rather than punished by his chain of command.   

The DRB noted that when the applicant was notified he was being recommended for separation, he consulted with an area defense counsel, but waived his right to submit a response.  It 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 DRB 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 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 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 23 Jul 18.  If desired, the applicant can request a list of the board members and their votes by writing to:  SAF/MRBR (CITU), 550-C Street West, Suite 41, Randolph AFB, TX  78150-4743.
  
Attachment:
Examiner's Brief