AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00159	
					
SUMMARY: 

The applicant was discharged on 22 January 2009 in accordance with AFI 36-3208 with a General Discharge for Alcohol Rehabilitation Failure. The applicant appealed for an upgrade of his discharge characterization.

The applicant was not represented by counsel.    

The applicant requested the board be completed base on a records review 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 Letter/s of Reprimand and a Memorandum For Record.  His misconduct included:  observed consuming alcohol at 0700 in the dining facility and was disrespectful to facility personnel; was directed to leave and failed to do so in a timely manner, forcing SF to get involved; observed driving wrong way down a one way street, police confirmed he was driving under the influence. He was tested three and a half hours later and had a BAT of .11 g/dl, more than twice the legal limit; could not produce proof of registration; No contact order- became so intoxicated that he passed out in a female Airman’s room, after being kicked out, he proceeded to a second Airman’s room where he again passed out on the floor; the following day, he showed up uninvited again to the first Airman’s dorm and continued to harass her.

The applicant stated that after his discharge, he went through VA programs and was diagnosed with PTSD. The applicant believes that the behavior upon his return from deployment was a direct result of undiagnosed PTSD. 

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 determined that the applicant had ample opportunities to rehabilitate and 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.

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 contended “After discharge I went through several Veterans Affairs programs that physicians determined me to be diagnosed with PTSD related to my deployment supporting OEF, OIF, and the Horn of Africa and was subsequently awarded an 80% service-connected rating for PTSD and tinnitus. I believe my behavior when coming back from deployment was a direct result of PTSD that went un-diagnosed by USAF when returning from deployment.  

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

There is evidence the applicant was referred to the ADAPT clinic on three occasions for substance abuse assessment and treatment; there is no evidence the applicant sought or received any mental health treatment during his time in service. Based on review of the applicant’s records, there is no evidence the applicant endorsed or exhibited any clinically significant indicators of PTSD, or any other mental health condition during his time in service. 

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

The applicant was discharged due to substance abuse treatment program failure. The applicant stated in his response to discharge notification that his reason for not succeeding in substance abuse treatment was due to a personality conflict with the ADAPT provider. However, the applicant was referred to substance abuse treatment three times at two difference installations, and the records reflect the applicant had multiple providers during his enrollments in ADAPT that also indicated the applicant was not interested in receiving substance abuse treatment and externalized the responsibility for this substance use. 
The applicant submitted VA medical records of care obtained post discharge to substantiate his claim. The applicant’s claims are contradictory to the evidence in his military service records and post-service records. Based on the available evidence and records, the applicant’s mental health conditions as likely as not developed post-service. There is no evidence the applicant sought or received any mental health treatment during his time in service; there is no evidence the applicant exhibited any clinically significant indicators of PTSD, or any mental health condition during his time in service. 
Regarding the applicant’s concurrence with her VA diagnoses, 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 PTSD, or any mental health condition that caused or mitigated the misconduct(s) which led to the applicant’s discharge.  

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated, 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. 

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 “Alcohol Rehabilitation Failure”, and the reentry code shall remain “2B”. The AFDRB results were approved by the board president on XX August 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)