AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00510

The applicant was discharged on 29 September 2017 with a Bad Conduct Discharge after being convicted of multiple criminal offenses during 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’s personal representative appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 7 December 2021.  No witnesses were present and testified on the applicant’s behalf.  

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.  

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.

Through counsel, the applicant contended his discharge was inequitable as he was not afforded the same considerations regarding his mental health as service members today are.  Counsel stated that he suffered from undiagnosed Schizoaffective Disorder at the time of his offenses and that he was self-medicating with illegal substances to control his symptoms.  Counsel argued that a mental health evaluation should have been ordered prior to his trial, and it’s likely, given the severity of his condition, he would not have been found fit to stand trial.  Furthermore, counsel contended the post-trial discharge was unnecessarily delayed, causing increased anxiety and loss of monetary benefits.  Finally, the applicant is requesting clemency based on his service record.

A review of the record revealed the applicant was tried at a special court-martial on several charges and specifications including; wrongful, and frequent use of multiple drugs, disobeying a no-contact order, impeding an investigation, and dereliction of duty.  He was sentenced to five months confinement, reduction to E-1, and a Bad Conduct Discharge.  The member withdrew from appellate review and his discharge was approved 4 September 2014.

A thorough review of his available service treatment records finds insufficient evidence to support his contentions.  The applicant was officially diagnosed by a military provider with Schizoaffective Disorder in April 2015, while he was on appellate leave.  At the time of his drug use there was no evidence he was experiencing any psychosis, psychotic symptoms, or any mental health conditions.  His treatment notes reported his stressors and mental health condition were exacerbated after his legal issues arose.  Therefore, the DRB concluded his hallucinations and psychosis were induced by his drug use and the origin of his psychosis was not caused by his military service.

CONCLUSION:  Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  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.  The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The characterization of the discharge received by the applicant was deemed to be appropriate.

Additionally, counsel contended the applicant’s post-trial discharge was unnecessarily delayed three years.  This contention is outside the scope of the DRB.  Should the applicant elect to continue to pursue a change to his separation date and DD 214, he is encouraged to exercise his right to appeal the DRB’s decision to the Air Force Board for Correction of Military Records.
 
The DRB results were approved by the board president on 16 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)