AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00050	
					
SUMMARY: 

The applicant was discharged on 5 October 2016 in accordance with AFI 36-3208 with an Entry Level Separation for Entry Level Performance and Conduct. The applicant appealed for an upgrade of his discharge characterization,.

The applicant was represented by counsel.    

The applicant requested the board be completed base on a records review 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 through counsel stated no contentions. He stated that the purpose of an upgrade is to obtain his benefits. 

The DRB recognized the applicant’s preference to upgrade his 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:

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 made no contentions, submitted no evidence, but checked the boxes for “PTSD” and “other mental health” on his application and wrote “to obtain my benefits”.  

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

The applicant checked the boxes for “PTSD” and “other mental health” on his application. There is no evidence the applicant had any mental health conditions during his time in service, including PTSD. There is no evidence or records the applicant was seen by a mental health provider during his time in service; there is no evidence the applicant reported or endorsed any clinically significant indicators of any mental health condition during his time in service. 

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

The applicant was not discharged due to a mental health condition.  There is no evidence the applicant reported or endorsed any clinically significant indicators of any mental health condition during his time in service that may have mitigated or excused his poor performance which led to his discharge. 

4. Does that condition or experience outweigh the discharge? 

The applicant received and ELS discharged due to poor performance, there were no errors identified in the discharge processing based on the information available for review, and thus the discharge is not outweighed.

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 Entry Level Separation, the narrative reason for separation shall remain Entry Level Performance and Conduct, and the reentry code shall remain 3A. The AFDRB results were approved by the board president on 17 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)