AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00167	
					
SUMMARY: 

The applicant was discharged on 26 December 2007 with a Bad Conduct Discharge after being convicted of Wrongful use of Cocaine during a Special Court-Martial.

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 made no contentions on the application. The only comment was “DD form 214 upgrade”.

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request. The Board noted that the applicant did not offer any contentions, nor any other evidence for the Board to consider for clemency in his case. With the absence of any other evidence to warrant consideration for a change to the discharge, the Board deemed the Punitive discharge 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 have a condition or experience that may excuse or mitigate the discharge? 

The applicant checked the box on the application for “PTSD”; the applicant stated on his application “DD Form 214 upgrade” as the only statement of testimony and did not provide any evidence or records to substantiate his request.  

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

Based on the available records, 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 clinical significant features 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? 

Per review of the applicant’s records, the applicant was discharged by special court martial and received a bad conduct discharge. The applicant did not provide any records or evidence to substantiate his contention of PTSD, and the applicant’s discharge package was not available for review. Based on a review of the applicant’s military medical and administrative records, there is no evidence the applicant sought or received mental health treatment during his time in service. There is no evidence or records, and no information or testimony was provided by the applicant, that he exhibited any clinically significant indicators of PTSD or any other mental health condition during his time in service. Based on a review of the applicant’s post-service records, the applicant reported to the VA, three years post discharge that he used cocaine and alcohol during the last year of his military service, which led to his discharge; the records revealed the applicant’s PTSD screen was negative and the applicant denied any mental health symptoms at that time.  There is evidence the applicant sought treatment for PTSD with the VA in 2022, fifteen years post discharge; however, a review of these notes did not reveal any evidence that the applicant exhibited symptoms during his time in service that (based on the available records) mitigate the misconduct that led to his discharge. 

4. Does that condition or experience outweigh the discharge? 

The applicant’s discharge package was not available for review, and the applicant did not submit any substantiating evidence. The applicant did not submit any testimony regarding his military experience, his discharge, or his contended mental health condition.  Based on the available records, the applicant’s discharge is 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.

(6)(e).  A veteran’s or Service member’s sworn testimony alone, oral or written, may establish the existence of a fact supportive of relief.

In this veteran’s case, he did not provide any sort of testimony regarding his discharge, the PTSD, or how his misconduct was mitigated by a mental health condition. It is on the burden of the applicant to convince the board that he deserves clemency. He did not meet the burden in this case. 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization, 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 Bad Conduct Discharge, the narrative reason for separation shall “Court Martial” and the reentry code shall remain “2B”.
 The AFDRB results were approved by the board president on 1 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)