AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00554	
					
SUMMARY: 

The applicant was discharged on 13 March 2015 in accordance with AFI 36-3208 with a General discharge and Involuntary Discharge as the Narrative Reason. The applicant appealed for an upgrade of his discharge characterization.  The Board was conducted on 13 January 2022.

The applicant was 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’s record of service included multiple Letters of Reprimand and multiple Letters of Counseling. His misconduct included: Failed to report on time for a medical appointment; failed to report on time for duty; disrespectful to an NCO on multiple occasions; failed to go to scheduled training;  disrespectful to a Senior Airman, and disorderly conduct. 

The applicant and counsel state that the member received 100% service connected rating for Bipolar Disorder with Alcohol use disorder. They contended that consideration should be given to the possibility that the member’s misconduct was behavioral markers from his current mental health condition. 

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 negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.  

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, although the applicant and counsel contended that the member currently has a 100% service connected rating through the VA for Bipolar Disorder and Alcohol use disorder. 

2. Did that condition exist/experience occur during military service? 
No, there is no evidence or records (and none submitted by the applicant) to suggest the applicant had a diagnosis of either bipolar disorder or alcohol use disorder during the applicant’s time in service.

3. Does that condition or experience actually excuse or mitigate the discharge? 
No, even though the member sought and received MH treatment for difficulty coping with relationship problems during service, there is no evidence that he had a mental health condition that would excuse or mitigate the misconduct. The member had an alcohol related incident during his service, but there were no records to indicate that he was using alcohol to self-medicate an underlying mental health condition. The applicant and counsel made a contention that his diagnosis 5 years post-service is evidence that there was an underlying disorder during service. However, there are no records or evidence, to suggest that he had a diagnosis of either bipolar disorder or alcohol use disorder during his time in service.

4. Does that condition or experience outweigh the discharge? 
There is no evidence to indicate that the member had a mental health condition that would excuse or mitigate any of the misconduct during service. The applicant’s condition, did not excuse or mitigate his discharge and it 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: 

(6)(j). Similarly situated Service members sometimes receive disparate punishments.  A Service member in one location could face court-martial for an offense that routinely is handled administratively across the Service. While a court-martial or a command would be within its authority to choose a specific disposition forum or issue a certain punishment, DRBs should nevertheless consider uniformity and unfair disparities in punishments as a basis for relief. 
The Board felt that similarly situated Airmen would receive the same discharge in this case. Administrative actions were used to assist with rehabilitation however, the member continued with the misconduct. The member’s pattern of misconduct outweighs the positive aspects of his service, therefore a General discharge is most appropriate.

Medical Board Member Opinion: Based on the available evidence, it is more likely than not the applicant’s condition developed post-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.
 
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 General, the narrative reason for separation shall remain “Involuntary Discharge”, and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 30 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)