AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00098	
					
SUMMARY:  The applicant was discharged on 17 December 2021 in accordance with AFI 36-3208 with an Entry Level Separation for Fraudulent Entry.  The applicant appealed for a change to the discharge narrative reason 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 contended she did not disclose a pre-service mental health condition because it was a repressed memory that she did not recall until she was in Basic Military Training (BMT).  She did not deliberately withhold this information, nor was her history of self-harm a serious condition.  She requested a change to her narrative reason and RE Code to allow her to reenlist into the service.

A review of the applicant’s record revealed that while attending BMT she disclosed during a mental health evaluation summary that she had a history of self-harm.  She requested a medical waiver, however, it was denied as this condition does not qualify for a waiver.  The command determined she did not meet minimum medical standards to enlist and should not have been allowed to join the Air Force.  Furthermore, she failed to document the condition on her entry paperwork.  Therefore, she was discharged for fraudulent entry.  

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 was seen for mental health treatment evaluations only during her time in service, which were to evaluate conditions she reported Existed Prior to Service (EPTS).  She did not report any distress or seek mental health treatment during her time in service.

2. Did that condition exist/experience occur during military service? 
Based on the available records, the medical waiver authority indicated the applicant’s condition existed prior to service.  Due to the applicant’s desire to remain in the service, her statements that her ability to perform her duties were not impaired by this condition, and her request to the Board to rejoin the military, there is no evidence of service aggravation.  Additionally, although the applicant was discharged due to failing to disclose a personal history of self-harm, there is evidence the applicant also failed to disclose her mental health history in total, including history of counseling, low mood, and history of in-school behavioral issues, all of which are potentially disqualifying conditions IAW DODI 6130.03.

3. Does that condition or experience actually excuse or mitigate the discharge? 
N/A.  EPTS conditions with no evidence of service aggravation are excluded from liberal consideration.

4. Does that condition or experience outweigh the discharge?
N/A.  Based on review of the medical waiver, the applicant may re-apply to return to USAF training or duties at some future time after treatment and resolution of the condition (if desired).  

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 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, the narrative reason for separation shall remain, and the reentry code shall remain.  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)