AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00748	
					
GENERAL:  The applicant was discharged on 25 Jul 12 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of her discharge characterization to Honorable.  The board was conducted on 4 Mar 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 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 her 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 but is not limited to: an Article 15.  Her misconduct included:  Failure to go at the time prescribed to appointed place of duty.

Due to evidence of  post-traumatic stress disorder (PTSD), military sexual trauma and 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 and counsel contend that the discharge was inequitable and unfair. The applicant wishes to pursue a college education but cannot with her current discharge. She believes that her outstanding performance as an Airman outweighs the one minor incident that resulted in an Article 15. They state that the member maintains that any sub-par performance was directly and substantially influenced by her struggles and adjustment disorders in coping with trauma of two sexual assaults and targeted excessive scrutiny by superiors. They state that the member was sexually assaulted by another Airman on base and she immediately reported the event to superiors. They explain that medical evidence confirmed the assault. She states she was clearly distraught, confused, embarrassed and violated but her 1st Sergeant chastised her for underage drinking. They state that the assailant denied the assault and no one was held accountable. The applicant states that she was subjected to extreme harassment and ridicule from her fellow airman and NCOs. She states that she received emails, phone calls and written notes taunting, ridiculing, name calling and threats to repeat the assault. The member states that after her PCS, she was again a victim of sexual assault. She states that she did not file a report or got to the hospital because of how her first experience was. She states that she couldn’t focus on being and Airman because she was a victim. The applicant states the she went on a deployment and upon her return she started receiving infractions. She explains that while on leave and while deployed, she received infractions for her dorm which ultimately resulted in her being discharged without full use of her benefits.

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 receiving input 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. It was difficult to substantiate that her MH condition caused or mitigated her misconduct because there is insufficient evidence regarding the discharge.

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 her ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

If the applicant can provide information regarding the discharge and any other documentation to substantiate her contentions, the board recommends she 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 her request was not approved. 

The DRB results were approved by the board president on 17 Mar 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)