AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00552	
					
SUMMARY: 

The applicant was discharged on 10 March 2021 in accordance with AFI 36-3208 with an Entry Level Discharge for Erroneous Entry. The applicant appealed for an upgrade of his discharge characterization.  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 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 contended that he was not at fault for the discharge and stated that he is still struggling with mental health because of training. 

The DRB recognized the applicant’s preference to upgrade his discharge characterization.  However, in accordance with AFI 36-3208, Airmen are in entry level status during the first 180 days of continuous active military service.  If separated during this time, they normally receive an Entry Level Separation that is not characterized.  Because it is Air Force policy to not characterize this type of separation, the applicant’s request to “upgrade” to Honorable could not be approved.   

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? 
 No, the applicant contended that basic training caused him to struggle with mental health issues. 

2. Did that condition exist/experience occur during military service? 
Yes, evidence in the applicant’s record indicate that the applicant had a disqualifying pre-service mental health condition that was discovered during the third week of Basic Military Training.  

3. Does that condition or experience actually excuse or mitigate the discharge? 
No, although the applicant’s diagnosis of Social Anxiety Disorder may have caused his discharge, it does not excuse his discharge. The applicant was found to have a condition that was unsuiting for military service and was appropriately administratively separated IAW AFI 36-3208.d. 

4. Does that condition or experience outweigh the discharge? 
No, because the condition does not 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.  The Board identified these pertinent factors in regards to this applicants situation: 

(6)(h)  Requests for relief based in whole or in part on a mental health condition, should be considered for relief on equitable, injustice, or clemency grounds whenever there is insufficient evidence to warrant relief for an error or impropriety.

The applicant requested an upgrade to the Character of discharge. However, due to guidance in AFI 36-3208, if airmen separated within the first 180 days, normally receive an Entry Level Separation that is not characterized.  Because it is Air Force policy to not characterize this type of separation, the applicant’s request to “upgrade” to Honorable could not be approved.  

Medical board member comments: The records indicate the MH provider informed the applicant of this disqualification and that he had the right to pursue an entry level separation (ELS) or a waiver; the records indicate the applicant voluntarily elected to pursue an ELS.

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 3K.
 
CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s contentions, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper. Therefore, the characterization of service shall remain Entry Level Separation, the narrative reason for separation shall remain Erroneous Entry, and the reentry code shall remain a 2C. The AFDRB results were approved by the board president on 25 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)