AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00621	
					
SUMMARY: 

The applicant was discharged on 9 July 2020 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 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 and multiple Letters of Reprimand.  His misconduct included:  being drunk and disorderly; physically controlled a vehicle while drunk; as someone responsible for care of a child under the age of 16, did endanger the safety and welfare of this child by drinking in excess and leaving her unsupervised in his automobile.

The applicant contended that the discharge was improper. He stated that, it was said that he received a DUI, which was untrue. He explained that he was offered a plea bargain, so the actual charge was reckless driving, which was considered a minor offense. The member also stated that, the SPD should have been JFG, as a waiver was submitted to forego the board, and allow him to keep benefits and base access for 2 years. Additionally, the applicant stated that prior to separation; he was diagnosed with anxiety and depression and had been in treatment for the majority of the year leading up to his separation.

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 applicant stated the discharge showed that he received a DUI, however, the notification actually states that the applicant physically controlled a vehicle while drunk. Additionally, although the applicant received a lesser sentence as part of a plea bargain in civilian court, it does not change that under the preponderance of evidence standard, the applicant did in fact physically control a vehicle while drunk. 

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 “Prior to my separation, I was diagnosed with anxiety and depression and had been in treatment for the majority of the year leading up to my separation.” 

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

The applicant stated in his application statement “Prior to my separation, I was diagnosed with anxiety and depression and had been in treatment for the majority of the year leading up to my separation.” Based upon the available records, applicant was diagnosed with Alcohol Use Disorder, Severe, in service. There is evidence in the applicant’s records that he reported using alcohol to cope with marital discord and relationship conflicts which did not rise to the level of a diagnosis and are not a mitigating mental health condition. There is no evidence or records, and none were submitted by the applicant, to indicate the applicant had any underlying mental health conditions in service that caused or contributed to his unsuiting condition of Alcohol Use Disorder, severe.

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

Based on the available records, there is no evidence the applicant was diagnosed with or in treatment for anxiety and depression during his time in service. There is evidence the applicant was diagnosed with Alcohol Use Disorder, severe, during his time in service, and received substance use treatment intermittently beginning in 2016. Although the applicant’s substance use may have caused the misconduct(s) that led to his discharge, it does not mitigate them. 

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s condition does not mitigate the discharge, it does not outweigh the 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)(k).  Relief is generally more appropriate for non-violent offenses than for violent offenses.

Although this misconduct non-violent in nature, it is very a serious offense that could harm or result in the loss of life of himself or others. In this case, no relief is warranted as the board found no evidence of impropriety or inequity within the discharge. 

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 (serious offense)”, and the reentry code shall remain “2b”. The AFDRB results were approved by the board president on 14 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)