AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00506	
					
The applicant was discharged on 6 December 2019 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge with In Lieu of Trial by Court-Martial as the Narrative Reason.  The applicant appealed for an upgrade of his discharge characterization to General or Honorable.  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 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 General or Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C or 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 Charge sheet.  His misconduct included: feigning severe back pain to avoid his military responsibilities, one charge of absence without leave, and one charge of making a false official statement,. 

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 requested an upgrade to his discharge but did not present any contentions. The applicant did not identify any inequities or improprieties in the conditions surrounding his discharge.
 
A review of the record revealed the applicant feigned back pain to avoid his military duties, was absent from his place of duty and made false official statements with the intent to deceive.  The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The Board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members.  

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. Specifically, there is no evidence to suggest the applicant had any unfitting mental health conditions in service. Therefore, there is no evidence that a MH condition caused or mitigated any of the misconduct that led to the applicant’s discharge.  

CONCLUSION:  
The Board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge.  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 19 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)