AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00103	
					
SUMMARY: 

The applicant was discharged on 23 December 2013 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

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 Letters of Reprimand.  His misconduct included: Made derogatory and racist remarks on social media; Damaged a set of bleachers by improperly securing them; caused further damage to a fire damaged vehicle dashboard by kicking at the radio because he was bored; made a statement to the effect of “I’m going to sell this radio because this is how we make money in the hood.”; Observed having loud music in a command car, music could be heard inside the building when the member pulled up to have it inspected; posted two videos on a social media website, in which the member was seen in AF PT uniform, ranting, cursing, and using offensive language in a nature to bring discredit upon the United States Air Force; observed being disrespectful towards an NCO and making inappropriate comments against females; observed having a lack of respect for individuals who outranked him; attempted to be overbearing and confrontational towards an NCO; Negligent in duties by signing off on an inspection of tire pressure for a trailer during an LCAP performance evaluation when a tire was under inflated by 19 psi.   

The applicant made no contentions to the propriety or equity of the circumstances surrounding his discharge.  The applicant stated that he has 70% disability for service connected PTSD and has the paperwork to show it. He feels that he deserves and Honorable discharge so that he may access his 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 acknowledges that 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 checked the box for “PTSD” on his application. The applicant stated on his application, “my 70% PTSD related disability is service connected. Paperwork will show. I deserve a full honorable discharge and access to my GI Bill. I now receive 100%.” 

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

The applicant reported he was diagnosed with PTSD post service; per records review, the applicant first sought help related to symptoms of PTSD in 2018, five years post discharge. There is evidence the applicant sought and received mental health treatment in service. The applicant was evaluated for PTSD during his time in service and although he declined further assessment of symptoms during his time in service, the records indicate the applicant continued to receive mental health services for occupational stressors. 

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

The applicant was discharged due to misconduct (minor infractions), per the applicant’s DD-214. Based on a review of the applicant’s records, the applicant had at least six documented incidents of misconduct during his time in service. The applicant contended his PTSD is service connected. The applicant reported he was diagnosed with PTSD post service; per records review, the applicant first sought help related to symptoms of PTSD in 2018, five years post discharge. While it is possible the applicant may have PTSD, the presence alone of a diagnosis or mental health condition does not mitigate misconduct. Based on the evidence and available records there is no nexus between the applicant’s post service mental health condition and the misconduct that led to his discharge. Based on the available records, applicant’s documented misconducts began before his deployment, and the applicant reports a history of poor judgement and impulsiveness dating back to the second grade. 

For the applicant’s awareness, the VA, operating under a different set of laws than the military, is empowered to offer compensation for any medical or mental health condition with an established nexus to military service, without regard to its impact on a member’s fitness to serve, the narrative reason for release for service, or the length of time that has transpired since the date of discharge. The VA may also conduct periodic reevaluations for the purpose of adjusting the disability rating as the level of impairment from a given condition may improve or worsen over the life of the veteran. At the “snapshot in time” of the applicant’s service, there is no evidence the applicant had a mental health condition that caused or mitigated the misconduct which led to the applicant’s discharge.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s condition does not mitigate his discharge, it does not outweigh his 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. 

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 23 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)