AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00551	
					
SUMMARY:  The applicant was discharged on 19 December 2018 in accordance with AFI 36-3208 with an Honorable discharge for a Condition Not a Disability.  The applicant appealed for a change to his discharge narrative reason, and associated separation code, and a change to the reenlistment eligibility code.  The Board was conducted on 25 January 2022.

The applicant was offered a personal appearance before the Air Force Discharge Review Board (AFDRB), but declined and requested the board be completed based on a records only review.  The applicant was not 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 AFDRB, 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 Letter of Reprimand and a Letter of Counseling.  His misconduct included failure to conform to military standards and disrespectful comments and inappropriate behavior.   

The applicant contended that he was misdiagnosed with conditions that led to his discharge.  He also disputed the diagnosis and requested an upgrade to his discharge code.

A review of the record revealed the applicant underwent a Command Directed Evaluation (CDE) for repetitive unprofessional behavior and inappropriate comments, as well as safety concerns.  He was originally found fit for duty and agreed to undergo mental health treatment.  However, the evidence indicated the applicant did not participate in the treatment and continued to act inappropriately as well as made suicidal comments.  A second CDE was conducted and he was subsequently diagnosed with Schizotypal Personality Disorder with Obsessive Compulsive Personality Traits after the evaluation.  The mental health evaluation determined the applicant demonstrated difficulty interacting with others and adapting his behavior to feedback and that these character traits were incompatible with continued military service.  In his response to the discharge action the applicant concurred with his leadership’s decision for his discharge with an Honorable service characterization.

The Board determined there is evidence the applicant exhibited, was tested for, and appropriately diagnosed with a personality disorder during his time in service.  Personality disorders are unsuiting mental health conditions and are incompatible with military service.  Furthermore, the applicant’s condition does not meet accession standards for re-entry IAW DoDI 6130-03 Vol 3.  Therefore, the Board concluded the applicant was appropriately discharged IAW AFI 36-3208 paragraph 5.11.9 with the appropriate narrative reason and associated separation code, and the appropriate reenlistment eligibility code. 

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?
The applicant contended that he was misdiagnosed with the conditions that lead to his discharge.  There is evidence in the applicant’s mental health record he was diagnosed with Schizotypal Personality Disorder (with Obsessive Compulsive Personality Traits).  

2. Did that condition exist/experience occur during military service?
There is evidence the applicant received mental health treatment in service; however the records reveal the applicant was not found to have any unfitting mental health conditions. The applicant was diagnosed with a personality disorder, which is an unsuiting, non-compensable condition which resulted in his administrative separation. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
No, although the applicant’s diagnosis of Schizotypal Personality Disorder with Obsessive Compulsive Personality Traits 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.

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.

Medical Board Member Opinion:  The burden of proof is upon the applicant, there is no evidence in the applicant’s medical or mental health record and the applicant did not provide any documentation to substantiate his claim that his diagnosis in service was not representative of his symptoms at that time. 

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 change the discharge narrative reason and associated separation code 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 Honorable, the narrative reason for separation shall remain Condition Not a Disability with a corresponding separation code of JFV, and the reentry code shall remain 2C.  The applicant may choose to appeal this decision by exercising the right to make a personal appearance before the AFDRB or apply directly to the Air Force Board for Correction of Military Records.   The AFDRB results were approved by the board president on 2 February 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: AF 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)