AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00392	
					
GENERAL:  The applicant was discharged on 20 July 2006 in accordance with AFI 36-3208 with 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 12 Oct 2021.  

The applicant was represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), via video teleconference using Zoom on 12 Oct 2021.  No witnesses were present to testify on the applicant’s behalf. The following additional exhibits were submitted at the hearing:  character reference letters.

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.

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 includes an Article 15 and Letters of Reprimand.  His misconduct included: lying to an NCO, failure to report for mandatory formation, failure to report to schedule appointments, financial irresponsibility, and failed dorm inspection.

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 10 USC §1553.

The applicant is requesting a discharge upgrade from General to Honorable. The applicant also wants his Narrative reason changed from misconduct to Secretarial Authority and also if applicable his RE and SPD changed. The applicant stated that even though “Don’t Ask, Don’t Tell” was in effect while he was serving he believes that his sexual orientation played a factor in how he was treated within his Unit. He stated that he was bullied by his supervisor and it was made abundantly clear to him that he did not fit the mold.  He stated that while on patrol in a Security Forces’ vehicle he hit a pothole and the vehicle’s side mirror was damaged.  He stated that he was afraid to tell his leadership.  He stated this was because of the unit’s policy for harsh disciplinary action for vehicle incidents. He stated that he had a long history of mistreatment at the hands of his primary supervisor.  Out of fear of getting in trouble, he falsified the form to make it seem as though nothing happened. When he got caught he stated that he admitted it and accepted responsibility.  He stated that he had a panic attack when he damaged the vehicle and that influenced his actions.

The DRB carefully weighed the applicant’s statements and the incidents in his record to evaluate the equitability and propriety of the circumstances surrounding the applicant’s discharge.  The Board determined that, through the administrative actions taken by the chain of command in this case, the applicant had opportunities to change his negative behavior.  It found 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 13 October 2021.  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)