AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00689	
					
SUMMARY: 

The applicant was discharged on 25 September 2020 in accordance with AFI 36-3208 with a General discharge for Misconduct.  The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

The applicant requested the board be completed based on a records review 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 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 an Article 15 and multiple Letters of Reprimand and Counseling.  His misconduct included:  dereliction of duty, drunk on duty, false official statement, failure to follow orders, and failure to go.  

The applicant made no contentions that the discharge was inequitable or improper.  He stated he made several mistakes before being discharged and has since learned his lesson.  He further stated joining the military was his first time away from home and his support network.  He also claimed he lost his father to suicide in 2011 and fell into a deep depression and used alcohol to deal with his symptoms.  He has matured since his discharge and would like the opportunity to serve in the military again.

A review of the applicant’s record revealed he had multiple incidents of misconduct over the course of a few months, all while attending tech training.  He received multiple Letters of Reprimand and Counseling and was punished under Article 15, UCMJ.  His misconduct included failure to go, failure to follow orders, dereliction of duty, false official statements, and drunk on duty.  He was command referred to the ADAPT program and hospitalized for 30 days of treatment.  He was subsequently considered an ADAPT program failure after he failed to comply with his post hospitalization treatment plan.  Additionally, although not used as a basis for discharge, he also had several incidents of failure to meet minimum standards in technical training curriculum objectives.  

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, or psychiatrist.

The applicant referenced the experience of a suicide death in 2011, nine years prior to his entry into the military that contributed to his behavior.  Per the applicant’s statement, he referenced he fell into a deep depression and began to use alcohol as medicine to cope with the death.  The applicant was unwilling to discuss the death with providers during command referrals for substance use treatment in service.  The applicant’s condition Existed Prior to Service (EPTS) and there is no evidence of service aggravation.  The applicant may have had an underlying mental health condition or experience that contributed to the misconduct that led to his discharge.  However, there is evidence, and the applicant acknowledges this was an EPTS condition, and there is no evidence of service aggravation.  EPTS conditions with no evidence of service aggravation are excluded from liberal consideration.

The applicant believed he deserved a second chance despite his misconduct in order to have the opportunity to serve in the military again.  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.  It found the seriousness of the applicant’s willful misconduct offset the positive aspects of his 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 issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper.  Therefore, the 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 7 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)