AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00039	
					
The applicant was discharged on 19 Dec 05 in accordance with AFI 36-3208with a General discharge for Misconduct. 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 29 Apr 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 approve 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.

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 summary court-martial.  His misconduct included: wrongfully distributed Percocet plea.

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/improper.  The applicant states that he requests consideration of his application based who he has become, not the young, inexperienced person he once was. The member states that he was diagnosed with cancer. After several surgeries, he was told it had destroyed his reproductive capabilities. He states that on top of that, his fiancée had broken it off and so he fell to a deep depression. He states that around that time, one of his friends had offered money for his cancer medication and without thinking, he gave it to him.

The DRB determined it is common among cancer patients to develop depression due to their condition and ensuing treatment and may take some time for them to overcome their depression.  The Board also noted his dire financial situation at this time compounded his problems, which led to the sale of three Percocet pills for $15.  As a result, there is sufficient evidence indicating the applicant’s mental health condition caused his misconduct leading to his discharge from service and liberal consideration is applied to his request.

CONCLUSION:  
The DRB found neither the evidence of record, nor that provided by the applicant substantiated an impropriety.  However, sufficient evidence existed to convince the board the discharge was inequitable.  After a thorough review of the service record and input from the board’s psychiatrist/ psychologist, the DRB found that most of the applicant’s mental health condition was a mitigating factor to the applicant's misconduct therefore, the Board determined the overall characterization of the applicant’s service was more accurately reflected by an Honorable discharge and the discharge narrative reason was more accurately described as “Secretarial Authority.”  Additionally, the reenlistment eligibility code was changed to “2C” 

The DRB results were approved by the board president on 10 May 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)