AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00029	
					
SUMMARY: 

The applicant was discharged on 30 April 2021 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 requested the board be completed based on a records only review.  The applicant was not represented by counsel.    

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:  failure to follow orders, disrespect towards a SNCO, and striking an unattended vehicle and fleeing the scene of the accident.  

The applicant made no contentions that his discharge was improper or inequitable.  He stated in his application that he had mental health issues that affected his judgement and performance.

A review of the applicant’s record revealed he failed to follow orders to return to base to retrieve items from his house.  He also was disrespectful to the SNCO that issued the order by cursing at her.  Furthermore, he disobeyed an order issued by his commander, pursuant to a Memorandum for Patients Under Investigation, by visiting a public park.  For the misconduct the applicant was punished under Article 15, UCMJ.  Several months later the applicant was arrested for striking an unattended vehicle and fleeing the scene of the accident.  He pled guilty to the offense in local court and his leadership issued him a Letter of Reprimand.

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 contend that a condition or experience may have excused or mitigated their misconduct or discharge?  
The applicant contended that due to a mental disability his judgement, and work performance were affected. The applicant submitted a letter from the VA dated December 2021 detailing his service-connected disabilities as adjustment disorder with mixed anxiety and depressed mood and tinnitus. 

2. Did that condition exist/experience occur during military service? 
There is evidence the applicant sought and received mental health treatment during his time in service. Based on a review of the available records, the applicant reported distress subsequent to ongoing marital discord and subsequently separation, divorce, and child custody issues which resulted in his diagnosis of adjustment disorder with mixed anxiety and depression. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant was discharged due to misconduct, minor infractions.  The applicant submitted his VA disability rating as substantiating evidence.  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 any mental health conditions that had risen to the level of unfitting.  There is no evidence, nor did the applicant provide any additional information or testimony, to indicate his mental health condition caused or mitigated the misconducts that led to the applicant’s discharge.  

4. Does that condition or experience outweigh the discharge? 
Because the applicant’s mental health condition did not mitigate or excuse 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 and did not find any evidence of error or impropriety.

The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable.  The DRB also voted unanimously to deny changing the discharge narrative reason to Secretarial Authority, and changing 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, the narrative reason for separation shall remain, and the reentry code shall remain.  The AFDRB results were approved by the board president on 8 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)