AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00498	
					
GENERAL:  The applicant was discharged on 29 June 2021 in accordance with AFI 36-3208 with an Honorable discharge for Condition, Not a Disability. The applicant appealed for an upgrade of his discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 14 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 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 3 to 2 to approve the applicant’s request to change his discharge narrative reason to Secretarial Authority. It voted unanimously to deny the applicants request to change the reenlistment eligibility code to 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 Letter of Reprimand and a Letter of Counseling. His misconduct included: Failure to obey a direct order twice, to attend the FSS professional development class; accessed a fellow Airman’s MilPDS record for personal reasons which violate the user agreement. 

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 10 USC §1553.

The applicant and counsel contended that the discharge was both improper and inequitable. They stated that his diagnosis was erroneous and that the applicant is perfectly capable of prolonged, distinguished service. They stated that his leadership retaliated against the applicant for filing complaints against the unit and his rapist.  They also argued that the applicant was suffering from PTSD from the sexual harassment and rape by his then supervisor. They explained that he was punitively attacked for voicing complaints, was discriminated against and targeted for his transgender status and was suffering from the debilitating effects of PTSD at the time of discharge, with no access to proper resources. They requested the narrative reason be “Secretarial Authority” and the RE code to be upgraded to allow future employment.

CONCLUSION:  
The Board found neither the evidence of record, nor that provided by the applicant substantiated an inequitable discharge.  However, sufficient evidence existed to convince the board that the discharge was improper. The Board recognized the deviation from the standard procedures of the applicant’s chain of command that surrounded the circumstances of the applicant’s discharge.  Therefore, the Board determined the discharge narrative reason was more accurately described as “Secretarial Authority.” 

The applicant’s service records did not provide any indication that the diagnosis the member received was incorrect.  Due to current policies the applicant’s request for a change of re-entry code could not be supported. Under DoDI 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, under Learning, Psychiatric, and Behavioral Condition, the applicant’s reported history of mental health conditions or disorders prior to and during service are considered disqualifying conditions for induction into military service.  Therefore, the Board did not change the reenlistment eligibility code.    

The DRB results were approved by the board president on 15 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)