AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00686	
					
SUMMARY: 

The applicant was discharged on 24 February 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 applicant requested the board be completed based on a records only review.  The applicant was represented by counsel.  

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 Article 15.  His misconduct included:  underage drinking and wrongful use of his Government Travel Card (GTC).

Through counsel the applicant contended his discharge was unjust and improper because his conduct was caused by his VA diagnosed Generalized Anxiety Disorder (GAD) and Obsessive-Compulsive Disorder (OCD) diagnosis.  Counsel argued the applicant’s misconduct was slight and directly caused by his GAD and as a result of his discharge his client has suffered from the inability to use his GI Bill benefits, has subsequently suffered from chronic unemployment, and is unable to provide for his family.

Counsel addressed the Article 15 for GTC abuse asserting that his client’s anxiety caused him to use his GTC and played a large role in his decision making process.  He admitted the use was wrong but decided the use of the card was the only way he could rectify his situation and deescalate his anxiety.  After he was punished for the GTC use his mental health began to decline and OCD began to affect his healthy habits.  He began to gain weight and as a result failed four physical training tests.  Counsel claimed failure of the tests resulted in the Air Force taking steps to discharge the applicant.

Additionally, during the discharge process the applicant was asked to speak with his superiors and requested his wife be present during this discussion.  However, the applicant’s request was denied, and a heated discussion ensued.  Counsel again argued, this was driven by the applicant’s anxiety.

Since his discharge the applicant has been diagnosed by the VA with OCD and GAD and given a 30% disability rating.  He is coping with his anxiety and is making significant choices to improve his post-military life.  

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 clinical psychologist/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 contend that a condition or experience may have excused or mitigated their misconduct or discharge?  
The applicant, through counsel, contended he has been diagnosed by the VA with a mental health service-connected injury.  The mental health injury caused in service minor infractions which led to the less than honorable discharge.

2. Did that condition exist/experience occur during military service? 
The applicant, through counsel, claimed he began to suffer from Generalized Anxiety Disorder (GAD) and Obsessive-Compulsive Disorder (OCD) immediately after completion of boot camp and continued to suffer from the symptoms and effects of his mental health injuries throughout his term of service and through the present day.  A review of the applicant’s medical record revealed evidence he sought and received mental health resources during his time in service for issues relating to his dissatisfaction with his work schedule and issues related to marital discord.  There is no evidence the applicant was diagnosed with GAD or OCD in service.  

3. Does that condition or experience actually excuse or mitigate the discharge? 
Per the applicant’s DD-214, he was discharged due to misconduct (minor infractions).  The applicant’s discharge package was not in his service record so it was not available for review.  The applicant did not provide any evidence to substantiate his claims that he was diagnosed with or exhibited symptoms of a mitigating mental health condition in service.  The information provided by the applicant conflicts with the available information in the applicant’s service record.  Therefore, there is insufficient evidence to determine that a mental health condition mitigated the misconduct that led to the applicant’s discharge.  

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s condition does not mitigate the discharge, 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 did not find any evidence of error or impropriety.

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 issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain, the narrative reason for separation shall remain, and the reentry code shall remain.  The AFDRB results were approved by the board president on 4 April 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)