AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00553	
					
SUMMARY: 

The applicant was discharged on 29 August 2007 in accordance with AFI 36-3208 with an Entry Level Separation for Personality Disorder. The applicant appealed for a change to the reenlistment eligibility code.  The Board was conducted on 13 January 2022.

The applicant was not represented by counsel.    

The applicant requested the board be completed base on a records review only.

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. 

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 stated that he was sexually assaulted and harassed on a continual basis which led to his separation. He stated that he’s seeking an RE code that would allow reentry.

The DRB acknowledged the applicant’s request to reenter the military however, the applicant’s request for a change of re-entry code to allow for re-enlistment could not be supported due to current policies. 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 during service are considered disqualifying conditions for induction into military service. The member did not show any evidence that he had actively attempted to treat or resolve the condition that resulted in his discharge. Therefore, the board deemed the current reenlistment eligibility code to be proper.  

LIBERAL CONSIDERATION:

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 (LC) standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553.  The Board included a member who is a physician, clinical psychologist, or psychiatrist. Specifically, the Board reviewed the four questions the Under Secretary of Defense provided that boards should consider when weighing evidence in requests for modification of discharges due in whole or in part to mental health conditions, including post-traumatic stress disorder (PTSD); Traumatic Brain Injury (TBI); sexual assault, and sexual harassment.  The Board considered the following: 

1. Did the veteran have a condition or experience that may excuse or mitigate the discharge? 
Yes, the applicant contended that sexual assault led to his separation. However, the applicant did not provide evidence or any other information regarding the sexual assault. Additionally, there was nothing in the member’s military or current medical records regarding sexual assault. 

2. Did that condition exist/experience occur during military service? 
Yes, the member self-referred during the 5th week of BMT and was subsequently diagnosed. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
No, the applicant was discharged for the disqualifying condition however, it does not mitigate or excuse the discharge.

4. Does that condition or experience outweigh the discharge? 
No, because the condition did not mitigate or excuse the discharge, it also does not outweigh the discharge.

Additionally, the Board considered the factors laid out in the attachment to the Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 June 2018, known as the “Wilkie Memo.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) of this memorandum, and concluded the following with regard to each factor: 

(6)(f). Changes in policy, whereby a Service member under the same circumstances today would reasonably be expected to receive a more favorable outcome than the applicant received, may be grounds for relief.

Upon discharge, the member was given a Narrative Reason that states a medical diagnosis. A change to the narrative reason is needed to more accurately reflect the applicant's reason separation, while also not inadvertently stigmatizing the applicant or disclosing sensitive information.  

Per guidance from the Department of Defense, applicant requests to change the narrative reason should be approved when the original narrative reason was a diagnosis such as adjustment/personality disorder and there were no aggravating factors in the record, such as misconduct.  The Board determined the facts in this case met the criteria and, therefore approved the applicant’s request to change the narrative reason.
 
Medical board member comments: The applicant’s narrative reason for separation on his DD 214 is incongruent with the reason provided in his discharge paperwork for his ELS. Nonetheless, neither are appropriate to list on the DD-214 based on the current directives regarding specifying diagnosis as the Narrative reason for discharge. Thus recommend “Condition, Not a Disability” as the Narrative reason for separation.

FINDING:  The DRB voted unanimously to deny the applicant’s request to change the reenlistment eligibility code to 3K, however, it voted 3 to 2 to approve changing the Discharge Narrative Reason to “Condition, Not a Disability”. The board did not change the Discharge Characterization. 

CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was improper. Therefore, the narrative reason for separation shall change to Condition, Not a Disability. The Discharge Characterization and reentry code shall remain. The AFDRB results were approved by the board president on 29 January 2022.  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)