AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00281	
					
GENERAL:  The applicant was discharged on 15 Oct 2019 in accordance with AFI 36-3208 with a General discharge for In Lieu of Trial by Court Martial. The applicant appealed for an upgrade of her discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 30 Sep 2021.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  

The applicant was represented by counsel.    

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 her discharge characterization to Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C / 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.  

The applicant’s record of service did not include documents of misconduct.

Due to evidence of  mental health conditions 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/or 10 USC §1553.

The applicant is requesting a change and upgrade to her character of service, narrative reason, separation code, and reentry code. She stated that her discharge characterization, Separation code, reentry code, and narrative reason for separation were inconsistent with mandatory protections for members suffering from PTSD and sexual assault, and the failure to provide such protection was prejudicial.  She stated it was also inconsistent with the liberalizing guidance of the Kurta memo recognizing in service diagnoses of PTSD and other mental health conditions as mitigating the alleged misconduct.  She also stated that an upgrade is warranted on grounds of equity and clemency. The applicant stated that she attended a party and a man laced her drink with drugs and then sexually assaulted her in the bathroom. She stated that prior to her sexual assault and drugging, she had no issues with substance abuse, depression, or any other form of mental health issues.  AFOSI completed a Report of Investigation, but could not prosecute the man in question because he was not a member of the military.  
The applicant’s leadership stated in her records that prior to the sexual assault report, the applicant provided a urinalysis sample which tested positive for cocaine.  The applicant stated that a subsequent positive drug test for Benzodiazepine was the direct result of her laced drink that she drank unknowingly at the party. The Air Force charged her with drug use and drug possession, based on drugs found by AFOSI during a search of her vehicle, following the initial positive drug test.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The DRB Board concluded the negative aspects of the applicant’s service outweighed the positive contributions she made during her Air Force career during this period of service. The applicant had a positive urinalysis to indicate drugs were ingested by the applicant and AFOSI discover MDMA in her vehicle. Based on these occurrences, DRB did not find the applicant’s discharge to be improper or inequitable.  

After a thorough review of the service record and input from the Board’s psychiatrist/ psychologist, the DRB did not find that the applicant’s mental health condition was a mitigating factor to the applicant's misconduct.  

CONCLUSION:  
The Board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge.  Therefore, the discharge received by the applicant was deemed to be appropriate and her request was not approved. 

The DRB results were approved by the board president on 4 October 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)