AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00567	
					
SUMMARY: 

The applicant was discharged on 19 December 2014 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Serious Offense). 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 Board was conducted on 1 February 2022.

The applicant was 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 and counsel contended that the member’s chain of command made a material error of fact and a material error of discretion regarding his discharge. They noted that the applicant’s alcohol consumption stayed relatively the same during his time in the Air Force. They stated that during a medical intake in July 2014, he indicated he would occasionally drink 3-4 drinks over the course of 4-6 hours which suggested alcohol education. They explained that he met no criteria for alcohol abuse or alcohol dependence. They stated that in October 2014, the member failed a sobriety test and after denying the request of a breathalyzer, he was apprehended and charged with a DUI. Upon intake, this same amount of consumption was categorized as an Alcohol use disorder (mild). The stated that finally in November 2014, his diagnosis was upgraded to Alcohol use Disorder (Severe) and yet again, his consumption had not changed.  The applicant and counsel concluded that due to error in diagnosis, rather than being treated for alcohol use disorder, he was given two educational sessions, sent on his way, and discharged without being given the full care he needed to overcome such a disorder.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The member’s condition of Alcohol use disorder is an unsuiting condition, regardless of the severity and thus warranted the administrative discharge.  There is no evidence the applicant had any underlying mental health condition(s) that mitigate or excuse the misconduct that led to his 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 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, through counsel, claims he was discharged while in an alcohol program (ADAPT) and not allowed to get help. There is no evidence or medical records to indicate the applicant had a mental health condition or experience that would excuse or mitigate his discharge.   

2. Did that condition exist/experience occur during military service? 
There is no objective evidence or medical records to indicate the applicant had any mental health conditions in service. There is evidence the applicant was diagnosed with a substance use disorder: Alcohol Use Disorder (mild); this is an unsuiting condition and results in an administrative separation. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
There is no evidence the applicant had any mental health conditions while in service, and therefore the discharge is not excused or mitigated. There is evidence the applicant was diagnosed with a substance use disorder in service: Alcohol Use Disorder (mild). Alcohol Use Disorder, regardless of the severity, is an unsuiting condition; and while this may have caused (or substantially contributed to) the misconduct, it does mitigate or excuse the discharge. 

4. Does that condition or experience outweigh the discharge? 
Since there is no evidence the applicant had any mental health conditions in service, his conditions / experiences do not 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)(j). Similarly situated Service members sometimes receive disparate punishments.  A Service member in one location could face court-martial for an offense that routinely is handled administratively across the Service. While a court-martial or a command would be within its authority to choose a specific disposition forum or issue a certain punishment, DRBs should nevertheless consider uniformity and unfair disparities in punishments as a basis for relief. 
Similarly situated Airmen, that is, Airmen whose misconduct results from alcohol misuse are subject to the same consequences per Air Force substance abuse and misuse policy. Due to the lack of the discharge documents, the board was unable to annotate the direct reason provided by the member’s leadership for the discharge, and therefore presumes regularity in the actions of the Air Force based on the applicant’s history of alcohol misuse and DUI conviction. 

Medical Board Member Opinion 
1.  Does the available record support PTSD (or other mental health condition) existed at the time of applicant’s military service?  No, there is no evidence that the member had any mental health conditions while in service. There is evidence the applicant was diagnosed with a substance use disorder: Alcohol Use Disorder (mild).

2.  Were these conditions present at time of misconduct?  Yes

3.  Were these conditions mitigating for the misconduct?  There is no evidence the applicant had any mental health conditions while in service, and therefore the discharge is not excused or mitigated.

4.  Did the applicant receive mental health and/or medical evaluations prior to their administrative separation?  Yes

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 “General”, the narrative reason for separation shall remain “Misconduct (Serious Offense)”, and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 8 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: 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)