AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00509	
					
SUMMARY: 

The applicant was discharged on 13 July 2015 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

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’s record of service included an Article 15, a vacation of suspended nonjudicial punishment, and a Letter of Counseling.  His misconduct included:  Failure to report to roll call on time; consumed alcohol under the age of 21; physically controlled a vehicle while impaired by alcohol; and possessed alcohol under the age of 21.

The applicant stated that due to an experience of sexual trauma, he started drinking. This incident also led to mental health trauma. 

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 contends that he started drinking because of a traumatic experience that occurred in the shower with two Airmen. 

2. Did that condition exist/experience occur during military service? 

There is evidence the applicant was command referred to ADAPT on two occasions related to problematic alcohol use. There is evidence the applicant received mental health treatment in service and received the diagnoses of Alcohol Abuse, and Depression not otherwise specified. There is no objective evidence in the available military records to support the applicant’s experience of military sexual trauma and/or having received a diagnosis of PTSD in service. 

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

There is evidence the applicant experienced traumatic events, including abuse, prior to service. These are EPTS conditions and there is no evidence of service aggravation. The burden of proof is placed upon the applicant to substantiate his claims; it is possible the applicant experienced military sexual trauma, however the applicant provided only one sentence of testimony and did not include any substantiating details, records, or a timeline or when this experience occurred in service or the impact of this experience on the applicant’s mental health or ability to perform his military duties. 

4. Does that condition or experience outweigh the discharge? 

Based on the available evidence and records, there is insufficient evidence to determine the applicant’s claimed experience of military sexual trauma outweighs his 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 each 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 member’s contention of Military Sexual Trauma (MST) was examined; however, the applicant did not provide any evidence to substantiate his claim. It is the burden of the applicant to supply such evidence. Due to the insufficient evidence, the board could not determine if his claimed experience mitigated his misconduct during 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 awarded characterization of service shall remain General, the narrative reason for separation shall remain Misconduct (Minor Infractions) and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 15 May 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)