AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00631	
					
SUMMARY: 

The applicant was discharged on 15 November 2018 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of his discharge characterization.

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 multiple Article 15s, a vacation of suspended nonjudicial punishment, multiple Letters of Reprimand, and multiple Letters of Counseling.  His misconduct included:  negligently failed to follow a checklist by failing to don protective gear while conducting operations with Liquid Oxygen; Negligently failed to monitor the dumping and draining of a refueling unit; Negligently failed to ensure the area was clear and safe before spotting a vehicle; failed to show for annual dental exam; failed to obey an order given by a SNCO to remove his earplug case as it was in violation of 36-2903; wrecked a vehicle; failed to obey an order to put in a work order for his dorm closet shelf in prep for a dorm inspection; failed to go to appointed place of duty; and fitness failures (x3).

The applicant requested an upgrade due to the recent diagnosis of ADHD. The applicant contended that he and his medical professionals believe the ADHD being undiagnosed could have been a factor in the events that led to his discharge. He request upgrade so that he may use the GI Bill. 

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 Board understood the applicant’s present service characterization renders him ineligible for Department of Veterans Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.

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 “I am requesting the change to my character of service because of my recent diagnosis of Attention-deficit/hyperactivity disorder (ADHD).”  

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

There is no evidence the applicant was diagnosed with ADHD in service. There is evidence the applicant sought mental health treatment during his time in service for symptoms of anxiety and depression and was diagnosed with Adjustment Disorder and Other problems related to primary support group at different times in service. Based upon review of the records, there is evidence the applicant’s mental health condition of anxiety and depression was an EPTS condition as the applicant reported to mental health providers he had been treated with medications and therapy for symptoms of anxiety and depression prior to his time in service.

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

The applicant did not provide any evidence or testimony substantiating his contention that a mental health condition may have excused or mitigated his discharge. The presence of a diagnosis or mental health condition in service, in and of itself, does not excuse misconduct nor mitigate a discharge. Liberal consideration is not required for EPTS conditions which are determined not to have been aggravated by military service. There is no evidence of service aggravation. 

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s mental health condition EPTS, and was not determined to be service aggravated, the condition 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)(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 contended that his ADHD may have contributed to his misconduct during service. The presence of a diagnosis or mental health condition in service, in and of itself, does not excuse misconduct nor mitigate a discharge. Liberal consideration is not required for conditions that existed prior to service (EPTS) which are determined not to have been aggravated by military service. There is no evidence in this case of service aggravation. Based upon review of the records, there is evidence the applicant’s mental health condition of anxiety and depression was an EPTS condition as the applicant reported to mental health providers he had been treated with medications and therapy for symptoms of anxiety and depression prior to his time in 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 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)