AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00451

The applicant was discharged on 17 February 2017 with a Bad Conduct Discharge after being convicted of criminal offenses at a Special Court-Martial.  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 7 December 2021. 

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 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 or 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 included multiple Article 15s and a Special Court-martial conviction.  His misconduct included:  damage to military property, resisting arrest, wrongful use of his Government Travel Card, and desertion/absent without leave.   

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 10 USC §1553.

The applicant contended the discharge was inequitable due to multiple mental health conditions he had that were not diagnosed while in the service.  He submitted VA records that indicated he has been diagnosed with PTSD, Depression, Psychotic Disorder, Homeless Disorder, and Adjustment Disorder.  The VA rated him at 100% permanent disability and declared him unemployable due to his conditions.  He claimed his mental health problems that are now declared service connected disabilities, directly attributed to his discharge from the service.

A review of the record revealed he deserted from the Air Force in Nov 2013 and was returned to service through apprehension in Feb 2014.  He later pled guilty to the lesser included offense of absent without leave at a special court-martial.  He was also charged with stealing a government computer and pled guilty to the lesser included offense of wrongful appropriation.  He was sentenced to a reprimand, 90 days confinement, and a Bad Conduct Discharge.  

A thorough review of the medical record revealed the applicant was referred to ADAPT after the command received his response to a previous Article 15 punishment that he was suffering from alcoholism.  The board noted the applicant spent the majority of his last three years in the Air Force receiving ADAPT services for which he noted he used alcohol to cope with life stressors in his life; including marital, financial, and work related stressors.  During his time in the service he was diagnosed with alcohol dependence, an unsuiting condition, and PTSD was ruled out.  A review of the applicant’s VA treatment record was also conducted which revealed continued issues associated with alcohol dependence.  Therefore, the DRB determined it is likely the applicant’s alcohol dependence may have contributed to the misconduct that led to his discharge, and not any other qualifying mental health condition.  Therefore, the DRB determined there was insufficient evidence to warrant upgrading the discharge.      
 
CONCLUSION:    The DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge. 

The DRB results were approved by the board president on 12 December 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)