AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00351	
					
The applicant was discharged on 2 December 2016 in accordance with AFI 36-3208 with an Honorable discharge for Personality Disorder.  The applicant appealed for an upgrade of his discharge narrative reason, and a change to his reenlistment eligibility code.  The Board was conducted on 14 October 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 approve the applicant’s request to upgrade his discharge narrative reason to Condition, Not a Disability. It voted unanimously to deny changing the reenlistment eligibility code to 3K.

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 a multiple Letters of Reprimand, and a Letter of Counseling.  His misconduct included: failed fitness assessment and dereliction of duty.

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 and counsel contended that the “Personality Disorder” was a guise to separate the applicant because of his sexual orientation. They explained that the applicant had to deal with tremendous levels of discrimination. The applicant contended that once his leadership was aware he was gay, he suddenly began to receive sub-par reviews, was removed from his position, and stripped of all notable duties. They explained that he was subjected to anti-gay slurs, and SNCOs would openly praise DADT policy in front of him. Additionally the applicant stated that he suffered from undiagnosed PTSD from a mortar round that exploded next to his position. The applicant and his council explained that he suffered from anxiety, had trouble sleeping, and had nightmares, thus he began to receive mental health counseling. The applicant also explained that he was not evaluated for, nor diagnosed with PTSD by the military, however post-service, the VA diagnosed him. Finally, the applicant stated that he suffered physical, mental, and emotional abuse from his husband at the time. The applicant stated that his spouse turned physically violent, to the point of hospitalizing him for a concussion.  The applicant stated that his spouse threatened to commit suicide and stalked him before he was able to get out of the relationship. The applicant concluded that his use of mental health services was used against him and he was targeted for discharge, undoubtedly due to his sexual orientation. The applicant and his counsel wish to have the narrative reason and re-enlistment eligibility code upgraded to remove the stigma and enable him to pursue employment opportunities. 

Per guidance from the Department of Defense, when applicants request to change the narrative reason for a discharge, the request should be approved when the original narrative reason was 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.  

The applicant’s request for a change of re-entry code could not be supported due to current policies. Department of Defense Instruction (DODI) 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, under Learning, Psychiatric, and Behavioral Condition, provides guidance that the applicant’s reported history of mental health conditions or disorders prior to and during service are considered disqualifying conditions for induction into military service. 

CONCLUSION:  
The Board did not find evidence of record, nor evidence provided by the applicant that substantiated any inequity.  However, sufficient evidence existed to convince the board the discharge was improper.  Therefore, the Board determined the discharge narrative reason was more accurately described as “Condition, Not a Disability.” The Board did not change the reenlistment eligibility code.    

The DRB results were approved by the board president on 15 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)