AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00082	
					
SUMMARY: 

The applicant was discharged on 25 April 2010 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Minor Infractions). 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 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 a Letter of Reprimand. His misconduct included: Wrongful use of marijuana, and kicked the door entering a member’s dorm room, causing damage to government property.

The applicant through counsel contended that the discharge was inequitable. He explained that the characterization is inequitable because the member had one incident of misconduct, which was directly attributed and excused by his PTSD as a result of MST. Additionally, they felt his overall quality of service outweighed the misconduct.  They also contend that the discharge was improper, in that, the characterization was based on an error in procedure. Their contentions in detail are as follows:
I. The member qualifies for an upgrade because he meets the criteria in the Kurta Memo
II. The discharge would have been less prejudicial had current policies and procedures regarding MST and mental screenings been in place at the time of his discharge.
III. The member service is consistent with an Honorable as many veterans receive Honorable despite minor or isolated misconduct. 
IIII. The members character throughout service was honorable
IV. The discharge process include an error, which led to an unfair recommendation and assessment that prejudiced the member’s rights.  Specifically, they stated that because the article 15 erroneously indicated that the member had used marijuana more than once, the decision to discharge was prejudiced and tainted. 

The Board found in the member’s record and testimony sufficient evidence to determine the applicant’s discharge was inequitable. After a thorough review of the applicant’s personal statement, and service records, the board identified evidence that indicated the member experienced MST.  The member’s candor and consistency in his service history documentation and VA records, regarding the events that occurred, and the trauma he experienced, were sufficient in proving that the MST mitigated the misconduct that resulted in 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 contended he smoked marijuana to cope with his experience of MST. He stated in his personal statement “Soon afterward, I was sent home [CONUS] due to my brother having surgery. I was overwhelmed by what had happened to me. I was depressed, angry, anxious, and desperate to feel something other than depression, guilt, regret, and shame. My cousin came to visit me while I was home and offered me marijuana. I started smoking to cope. I made me feel lighter and happier. I could be in the moment, rather than thinking of what had happened. I felt hopeful for the first time.”  

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

The applicant contends he experienced MST around September/October 2009, during his time in service. There is no objective evidence the applicant experienced MST in his military administrative or medical records. The applicant stated in his personal statement “I didn’t tell anyone what happened to me. I was afraid no one would help me. I was afraid I would get in trouble for breaking curfew. I was afraid they would see me differently. I had never been with a man before this. To this day, my brothers still don’t know.”

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

Based on the applicant’s testimony, provided in his written statement, and review of the available records, there is evidence the applicant’s drug use may have been caused by, or substantially contributed to, his recent experience of MST, and thus may mitigate his discharge. The applicant reported he was experiencing feelings of shame, guilt, and regret subsequent to his experience of MST and used marijuana when offered by his cousin to cope. 

4. Does that condition or experience outweigh the discharge? 

Based on the applicant’s testimony and review of the available records, there is evidence the applicant’s experience of MST may outweigh his discharge. 

FINDING:  The DRB voted unanimously to approve 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.
 
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 inequitable. Therefore, the awarded characterization of service shall change to “Honorable”, the narrative reason for separation shall change to “Secretarial Authority”, and the reentry code shall change to 2C.The AFDRB results were approved by the board president on 17 June 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)