AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00219	
					
SUMMARY: 

The applicant was discharged on 14 April 2006 in accordance with AFI 36-3208 with a General Discharge for Misconduct. The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on a records only review.

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 stated that because the circumstances were beyond his control and medically induced, he is requesting an upgrade. He stated that based on the evidence provided, his PTSD diagnosis caused him to make an error in judgment and that he has substantial doubt that this scenario would have led to a discharge if he would have been diagnosed at the time. The applicant contended that his behavior was labeled inaccurately and would have been handled differently today. He concluded that he would have received a different discharge status if errors had not been made. 

The applicant explained that following his return from Iraq, he began heavy use of alcohol as a coping mechanism. He stated that this led him to worse situations. Specifically, the situation that led to his discharge was a large party and there were other substances there besides alcohol. He stated that his decision making skills were flawed and he chose to take one puff of a marijuana cigarette. He explained that after a urinalysis, he came clean about the incident; however, his test results came back negative. He stated that because of this, his statement was the only proof of his actions and found his leadership’s decision surrounding the incident improper and unjust. 

The applicant discussed post service events. He contended that the military deserted him when he was in a time of need, and he was let go without the knowledge of how to handle depression and emotions surrounding his war time experiences. He stated that casual drinking was his means of coping which eventually led to alcoholism and a DUI. He concluded that it wasn’t until he was diagnosed with PTSD and started getting treatment, that his life began to turn around.

Upon review of the applicant’s service record, the Board did not discover documentation regarding the discharge.  The DRB makes a presumption of regularity by the Air Force.  This means the applicant has to provide evidence to indicate the lack of regularity.  The applicant did not provide evidence to overcome the presumption, nor did the applicant provide any evidence that verified his contentions of inequity or impropriety.  Thus, the Board concluded the discharge received by the applicant was appropriate.  
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 “Based on evidence provided, my PTSD diagnosis caused me to make an error in judgment and I admitted to it as part of my integrity.” 

2. Did that condition exist/experience occur during military service? 
Although the applicant did not have a mental health condition documented in his medical records during his service, the applicant stated in his written testimony “It is only after years of counseling and therapy that I realize I was suffering back then.”  There is no evidence or records the applicant had any mental health conditions in service. Based upon review of the available records, there is no evidence the applicant sought, received, or exhibited any symptoms of a mental health condition during his time in service. The applicant’s performance reports (EPRs) did not reveal any shifts or decline in duty performance, and the applicant did not provide any evidence to substantiate his claims that a mental health condition was the cause of his misconduct in service.

3. Does that condition or experience actually excuse or mitigate the discharge? 
There is no evidence the applicant had any mental health conditions in service. Based upon the applicant’s statements of his post service experience it is more likely than not the applicant’s condition of PTSD developed post service.

4. Does that condition or experience outweigh the discharge? 
Since there is no evidence the applicant had a mental health condition in service, neither his condition nor his experience outweigh his original 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 concluded the following with regard to the applicable factor: 

(6)(h).  Requests for relief based in whole or in part on a mental health condition, should be considered for relief on equitable, injustice, or clemency grounds whenever there is insufficient evidence to warrant relief for an error or impropriety.
The applicant stated that if he would have been diagnosed [in-service], the outcome would have been different. He explained that his behavior was labeled inaccurately and would have been handled differently today. He felt that he would have received a different discharge status if errors had not been made. The DRB found no impropriety or inequity within the discharge. Since there is no evidence that the applicant sought, received, or exhibited any symptoms of a mental health condition during his time in service, the outcome would have been the same today as it was at the time of his discharge.

Additionally, the Board considered the following applicable factors listed in paragraphs (7)(a)-(7)(r) of the “Wilkie memo:”

(7)(a).  The applicant’s candor;
There is conflicting information in the documentation provided by the applicant: the applicant stated, while at a party “I chose to take one puff of a marijuana cigarette.” The applicant then provided a letter from a VA psychologist, which indicated ongoing marijuana use stating, “PTSD symptoms led him to begin using cannabis as a means of managing irritability, mood, and anxiety after his return from Iraq.” The applicant’s admission of a one-time puff is in conflict with the provider’s letter that indicated continuous use of marijuana.

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 “General”, the narrative reason for separation shall remain “Misconduct”, and the reentry code shall remain “2B”. The AFDRB results were approved by the board president on 1 March 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)