AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT 	CASE NUMBER
FD-2022-00059	

SUMMARY:  The applicant was discharged on 3 January 2020 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of the 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 an Article 15 and multiple Letters of Reprimand and Counseling.  The misconduct included dereliction of duty, failure to go, inappropriate language, and sleeping on post. 

The applicant contended the discharge was unfitting because he was targeted and harassed by his unit for being injured.  He claimed that over the course of a year he was dealing with multiple physical, emotional, and mental health problems.  He injured his shoulder during physical training and he asserted his unit thought he faked his injury.  He further claimed he developed a bi-polar disorder during this time and his infractions were a result of his condition.  He requested an upgrade to continue his education.   

A review of the applicant’s record revealed he had several disciplinary infractions over a short period of time that resulted in multiple Letters of Reprimand and Counseling and he was also punished under Article 15, UCMJ.  He waived his right to respond to the discharge notification.  The applicant submitted his VA disability rating documentation with his application indicating he has service connected physical disabilities, but no mental health conditions.

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 contend that a condition or experience may have excused or mitigated their misconduct or discharge?  
The applicant contended during his time in the military he developed a bi-polar disorder after a surgery and began accumulating minor disciplinary infractions that resulted in his separation.

2. Did that condition exist/experience occur during military service? 
There is no record the applicant sought or received any mental health treatment during his time in service. Nor is there any evidence the applicant exhibited any clinical significant features of a bi-polar disorder, or any other mental health condition, during his time in service.  Therefore, there is no evidence to substantiate the applicant’s contention that he developed a bi-polar disorder during his time in service. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
There is no evidence a mental health condition caused or mitigated the misconduct that led to the applicant’s discharge. 

4. Does that condition or experience outweigh the discharge? 
There is no evidence to substantiate the applicant’s contention that he had a mental health condition in service. Because the applicant’s discharge is not mitigated or excused, it is also not outweighed.

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.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade the 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 UNDER HONORABLE CONDITIONS - (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 6 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)