AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00641	
					
SUMMARY: 

The applicant was discharged on 05 December 2006 in accordance with AFI 36-3209 with a Entry Level Discharge after entry level performance and conduct. The applicant appealed for an upgrade of her discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant appeared and testified and testify before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 4 October 2022. No witnesses were present to testify on the applicant’s behalf. 

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 requested an upgrade discharge.   The applicant contends that her discharge was improper and inequitable due to her maltreatment at Basic Military Training.  She stated that she was sexually assaulted at the hands of her NCO and four female Airmen.  She stated that she was held down and had her face covered while being sexually assaulted.  She stated that she was diagnosed with PTSD, depression, and other mental health issues due to the traumatic event.  She stated that her condition significantly impaired her ability to function effectivity in the military environment.  She stated that she was medically treated and took meds for her condition.

The DRB determined a discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge.  After a thorough review of the record, the board found no evidence to justify making any changes to the discharge.  

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.  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 checked the boxes for “PTSD”, “Other mental health”, “Sexual assault/harassment” and “Reprisal/whistleblower” on the application. The applicant contended “While at Lackland Airforce Base, I endured sexual assault at the hands of my NCO and 4 female airmen. While holding me down, they covered my face and sexually assaulted me. Due to this traumatic event, I have been diagnosed with post-traumatic stress disorder, depressions, and other mental health issues.”  
2. Did that condition exist/experience occur during military service? 

A review of the applicant’s records revealed the applicant voluntarily sought MH treatment for MST from the VA on 31 January 2019, 13 years post discharge, after becoming frustrated with another treatment facility.  A treatment note from March 2019 reported the applicant claimed she was assaulted during the first week of training by an unidentified male and three or four other women and. this incident caused her to develop PTSD and Major Depressive Disorder at a later time. Although it is possible the applicant experienced MST or was sexually assaulted during service, there was no evidence she experienced PTSD or similar conditions/symptoms during service that may have caused the behaviors that led to her discharge. A review of the applicant’s military records revealed she was discharged for having unsatisfactory performance and poor attitude, e.g., refusing to run when instructed, eye rolling.  

3. Does that condition or experience actually excuse or mitigate the discharge? 

Based on the available evidence and records, the applicant’s mental health condition as likely as not developed post-service. The applicant submitted her VA ratings as evidence to support her contentions.  The VA, operating under a different set of laws than the military, is empowered to offer compensation for any medical or mental health condition with an established nexus to military service, without regard to its impact on a member’s fitness to serve, the narrative reason for release for service, or the length of time that has transpired since the date of discharge. The VA may also conduct periodic reevaluations for the purpose of adjusting the disability rating as the level of impairment from a given condition may improve or worsen over the life of the veteran. 

4. Does that condition or experience outweigh the discharge? 

At the “snapshot in time” of the applicant’s service, there is no evidence the applicant had a mental health condition that caused or mitigated the misconduct(s) which led to the applicant’s 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.”  

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 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 and equitable. 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 XX October.  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)