AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00563	
					
SUMMARY: 

The applicant was discharged on 13 March 2020 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization.  The Board was conducted on 1 February 2022.

The applicant was not represented by counsel.    

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

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’s record of service included an Article 15.  His misconduct included:  On divers occasions, without authority, failed to go at the time prescribed to appointed place of duty; derelict in the performance of those duties in that he willfully failed to complete daily duties; and failed to obey order to get a haircut. 

The applicant requested a change to the Character because it has affected his ability to receive employment and he felt his character has not been fully represented properly. The member stated he wishes to go back to school. 

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? 
The applicant submitted his “successful drug treatment list and diagnosis” from the VA in support of his claim that indicated a diagnosis of schizophrenia and anxiety disorder. 

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant was exhibiting bizarre behaviors, avoidant behaviors, and poor performance during his time in service that had a nexus to a mental health condition. Per the applicant’s VA records, the applicant’s family noted bizarre behavior and increase paranoia beginning in December 2019; this coincided with the approximate timeline of the onset of his disciplinary actions. The applicant’s supervisors noted applicant’s pattern of misconduct: failure to perform duties, pattern of inconsistent behavior, and avoidance of personnel and responsibilities during his time in service. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
There is evidence the applicant was exhibiting bizarre behaviors, avoidant behaviors, and poor performance that resulted in the applicant’s multiple misconducts which led to his discharge. There is evidence of a nexus between the applicant’s mental health condition and the misconducts that led to his discharge.

4. Does that condition or experience outweigh the discharge? 
There is evidence the applicant’s mental health condition may have caused the misconduct that led to the applicant’s discharge, and thus the applicant’s mental health condition mitigates 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 the applicable factor: 

(6)(k). Relief is generally more appropriate for non-violent offenses than for violent offenses.
In this case, the member’s misconduct was not violent in nature and was relatively minor. The board felt that the offenses committed were mitigated by the then unknown mental health condition.  

1.  Does the available record support PTSD (or other mental health condition) existed at the time of applicant’s military service?  Yes, although unknown while the member was in the military, the board, advised by a Mental Health professional, felt that the condition did exist during the applicant’s military service.

2.  Were these conditions present at time of misconduct?  Yes

3.  Were these conditions mitigating for the misconduct?  Yes

4.  Did the applicant receive mental health and/or medical evaluations prior to their administrative separation?  No. The symptoms were not recognized during service; therefore, the applicant was not diagnosed until after separation.

FINDING:  The DRB voted unanimously to approve the applicant’s request to upgrade his discharge characterization to Honorable and to change the discharge narrative reason to Secretarial Authority. The reenlistment eligibility code was changed 2C.
 
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 awarded characterization of service shall change to Honorable, the narrative reason for separation shall change to Secretarial Authority, and the reentry code shall change to 2C. The AFDRB results were approved by the board president on 7 February 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)