AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00606	
					
SUMMARY: 

The applicant was discharged on 27 September 2012 in accordance with AFI 36-3208 with an Entry Level Separation for Mental Disorder. The applicant appealed for an upgrade of her discharge characterization, and a change to the reenlistment eligibility code.  The Board was conducted on 10 February 2022.

The applicant was/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 did not make any contentions to the equity or propriety of her discharge. She stated in her request that she wanted to stay in, but the sexual harassment from other Airmen and her then husband sexually and physically abusing her became too much.  

The DRB conducted a thorough review of the applicant’s records and the circumstances surround her discharge.  The Board found that the information provided by the applicant in her application statement is incongruent with information provided by the applicant at various interactions with military mental health providers and VA providers. The applicant reported to VA providers and military mental health providers on multiple occasions during her time in service that she was not abused in any way by her husband until after her military career ended.   

The applicant’s request for a change of re-entry code to allow for re-enlistment could not be supported due to current policies. Under DoDI 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, under Learning, Psychiatric, and Behavioral Condition, the applicant’s reported history of mental health conditions or disorders prior to and during service are considered disqualifying conditions for induction into military service. 

The DRB recognized the applicant’s preference to upgrade her discharge characterization.  However, in accordance with AFI 36-3208, Airmen are in Entry Level status during the first 180 days of continuous active military service.  If separated during this time, they normally receive an Entry Level Separation that is not characterized.  Because it is Air Force policy to not characterize this type of separation, the applicant’s request to “upgrade” to Honorable could not be approved.  

LIBERAL CONSIDERATION:

While this case involves a mental health condition and would normally require a liberal consideration review, this is a presumptive grant because the Narrative Reason for Separation contains sensitive information (i.e. diagnostic disclosures) that are no longer used as of 2018. In accordance with 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, the change to the Narrative Reason for Separation is appropriate based on a change in policy.

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. Because the Applicant’s claim was based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, the Board obtained a review by a psychiatrist, psychologist, or social worker with training on mental health issues associated with military sexual trauma.  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 she experienced MST, sexual harassment, and worsening mental health during her time service. There is evidence the applicant received a mental health assessment and diagnosis in service. 

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

The applicant contended she was sexually harassed while in tech school, and sexually abused by her husband. There is no objective evidence in the applicant’s military service records or medical records to substantiate the applicant’s experience of sexual harassment and military sexual trauma. There is evidence the applicant reported to both military mental health providers and VA mental health providers that the applicant reported on multiple occasions that she did not experience abuse by her husband of any kind until after her military career ended.   

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

The applicant did not complete the entry level status of 180 days of service as detailed in AFI 36-3208, thus the characterization of the applicant’s service was appropriately deemed as uncharacterized. While the applicant’s condition may have caused the discharge, it does not excuse it.  

There is no objective evidence in the available military service records or medical records to substantiate the applicant’s experience of military sexual trauma.  

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s condition did not excuse the discharge, it does not outweigh the discharge. The applicant was appropriately discharged IAW AFI 36-3208, para 5.11.9. 

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 this 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 requested an upgrade to the Character of discharge. However, due to guidance in AFI 36-3208, airmen separated within the first 180 days, normally receive an Entry Level Separation that is not characterized.  Because it is Air Force policy to not characterize this type of separation, the applicant’s request to “upgrade” to Honorable could not be approved.  

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her discharge characterization to Honorable and to change the reenlistment eligibility code to 2C or 3K. It voted unanimously to approve a change to the narrative reason to “Condition, Not a Disability. 

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 improper. The characterization of service shall remain Entry Level Separation, the narrative reason for separation shall change to “Condition, Not a Disability”, and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 11 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)