AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00252	
					
The applicant was discharged on 18 May 2012 in accordance with AFI 36-3208 with a Bad Conduct discharge for Court Martial (Other). The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 26 Aug 2021.

The applicant was discharged on 18 May 2012 with a Bad Conduct Discharge after being convicted of a drug-related offense during a Special Court-Martial.

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/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 / 3K.

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 Special Courts Martial, Art 112a and a couple Article 15s. His misconducts included: wrongful use of marijuana, wrongful use of oxycodone, on divers occasions used ecstasy, failure to go at the prescribed time, as a result of previous overindulgence in intoxicating liquor, incapacitated for the proper performance of duties; disrespectful in deportment toward an NCO while in the performance of his duties, laughed and hung up on him.

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/counsel contended the discharge was inequitable because PTSD prohibited applicant from adequately conforming to the demands of military service. The applicant states that he was discharged for bad conduct due to drug use and prior Article 15s however, following a deployment to Afghanistan, he developed symptoms of PTSD. In response to this, he turned to self-medicating by means of drugs and alcohol. They state that because of the negative stigma of PTSD, he remained silent. Applicant contended that after the deployment, the applicant’s conduct could be attributed to PTSD and a deteriorating mental condition for which he did not receive adequate treatment. Applicant states that his service record shows that prior to onset of the PTSD, he was able to conform to the demands of service but after, he was no longer a model Airman. 

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  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. After a thorough review of the service record and inputs from the Board’s psychiatrist/psychologist, there is evidence the applicant was engaging in misconduct and had the unsuiting condition of substance abuse prior to his deployment, prior to his second round of substance abuse treatment, prior to his family advocacy involvement, prior to the onset of his legal issues, and prior to his onset of PTSD. The records indicate the applicant’s substance abuse began as early as 2005 when he was first referred to ADAPT. The DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

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. 

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 21 Sep 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  
Instructions on how to appeal an AFDRB decision can be found at 
https://afrbaportal.azurewebsites.us

Attachment:
Examiner's Brief (Applicant Only)