AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00064	
					
SUMMARY:  The applicant was discharged on 20 May 2009 in accordance with AFI 36-3208 with an Under Other Than Honorable (UOTHC) discharge for Misconduct.  The applicant appealed for an upgrade of the discharge characterization, a change to the discharge narrative reason and associated separation code, and a change to the reenlistment eligibility code.

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 for dereliction of duty and driving under the influence of alcohol.  

The applicant contended he suffered a Traumatic Brain Injury (TBI) in 2009 during an OEF/OIF deployment.  He was screened by the VA in 2021 for a TBI and the VA acknowledged, based on the history of his injury, he did sustain a TBI.  Since the deployment the applicant contended his mental health issues negatively impacted his social functioning.  Furthermore, since his discharge the applicant has been unable to sustain employment due to his symptoms. 

Upon review of the applicant’s service record, the board was not able to find any documentation regarding the discharge.  The evidence that was available indicated the applicant received an Article 15 for dereliction of duty for drinking alcohol during a deployment, as well as driving under the influence of alcohol.  He also was AWOL for approximately 30 days and was classified as a deserter until returned to military custody.  
Since the board relies on the presumption of regularity, it concluded the discharge received by the applicant was appropriate.  

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 checked the boxes for “PTSD,”“TBI,” and “Other Mental Health” on his application.  The applicant contended the VA acknowledged he experienced a TBI during 2009.  

2. Did that condition exist/experience occur during military service? 
Based on the available military medical and in-service mental health records, there is no objective evidence the applicant sustained a TBI during his time in service.  There is no evidence the applicant reported, sought or received any treatment for TBI during his time in service, nor exhibited any clinical significant features or residual mental health effects of a TBI during his time in service. 

Furthermore, based on the available records, there is no evidence to substantiate the applicant’s claim of PTSD.  There is no evidence the applicant reported, sought or received any treatment for symptoms or indicators of PTSD during his time in service. 

There is evidence the applicant sought mental health treatment during his time in service for a reported occupation stressor.  Based on the available records, the applicant presented to the intake session and reported feeling angry about a situation at work.  The records indicated the applicant requested to have his mental health case closed at the next session due to symptom resolution. 

3. Does that condition or experience actually excuse or mitigate the discharge? 
The applicant was discharged due to misconduct per his DD214.  The applicant’s discharge package was not submitted for review.  The burden of proof is upon the applicant to demonstrate a nexus between his conditions and the misconduct that led to his discharge.  Based on the available records, there is insufficient evidence to conclude the applicant had any mitigating conditions or experiences during his time in service. 

Based on the available evidence and records, the applicant’s reported condition(s) as likely as not developed post-service.  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 or records the applicant was experiencing residual impacts from a TBI, PTSD, or any 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) and paragraphs 
(7)(a)-(7)(r) 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 and associated separation code 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 Other than Honorable Conditions, the narrative reason shall remain Misconduct (Other) and the associated separation code for separation shall remain HKM, 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)