AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00239	
					
SUMMARY: 
The applicant was discharged on 30 October 2019 in accordance with AFI 36-3208 with a General discharge characterization and Narrative Reason for Discharge was Misconduct (Minor Infractions).  The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant was not represented by counsel and 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 the discharge was improper.  The applicant’s record of service included multiple Letters of Reprimand and multiple Letters of Counseling. His misconduct included arriving to work late, failure to report duty, and fell asleep while on duty.

The applicant contended the discharge was inequitable. He requested an upgrade discharge to Honorable.  The applicant stated that his general anxiety disorder contributed to his discharge, specifically his tardiness, lackluster performance, and other infractions that led to his discharge. The applicant explained that the condition would cause him to worry about something socially happening or to mess up on an aircraft part he was working on. He stated that he would wake in the morning with his mind racing with the things he had to do throughout the day and was worried about something bad happening and he would be the center of it.

The DRB determined there is evidence the applicant reported experiencing “stress” to his medical provider in 2019 related to his working conditions. Based on a review of the applicant’s records in conjunction with his testimony, there is evidence the applicant’s condition may have outweighed his discharge.

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 clinical psychologist.  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 referred the Board to review his prior application for his request for upgrade, in which he contended “I had general anxiety condition (GAD) that contributed to the discharge.”  There is no evidence the applicant was diagnosed with Generalized Anxiety Disorder (GAD), or any other mental health condition, during his time in service. There is evidence the applicant reported having a stressful work schedule and difficulty coping with the requirements of his duties during his time in service.
 
2. Did that condition exist/experience occur during military service? 

There is evidence the applicant reported experiencing “stress” to his medical provider in 2019 related to his working conditions. There is evidence the applicant was referred to the mental health clinic during his administrative separation processing after the applicant reported concerns that he may have a “learning disability”. The mental health provider noted it was unlikely the applicant had an anxiety syndrome, noting his symptoms to be situational and performance related.  The applicant reported that he sought help from additional services such as POTFF and chaplain during his time in service. There is evidence the applicant reported anxiety symptoms and feelings of panic and difficulty sleeping to his PCM on several occasions.

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

During the personal appearance, the applicant stated that his task anxiety and learning difficulties had been present since childhood, but he was unaware of this until he experienced the same symptoms again during tech school and at his first duty station.  The applicant was discharged due to misconduct; there is evidence the applicant exhibited a pattern of disciplinary infractions, the applicant reported he became overwhelmed with anxiety which resulted in more errors. Based on a review of the applicant’s records in conjunction with his testimony provided at the personal appearance hearing, there is evidence the applicant’s mental health condition may have caused or substantially contributed to the misconducts for which he was discharged.  

4. Does that condition, or experience outweigh the discharge? 

Based on a review of the applicant’s records in conjunction with his testimony at the personal appearance hearing, there is evidence the applicant’s condition may have outweighed 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”.

FINDING:  The DRB voted unanimously to approve 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.

CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service and medical records, and discharge process, the Board found the discharge was inequitable. Therefore, the awarded characterization of service shall change to Honorable, the narrative reason for separation shall change to secretarial authority and the reentry code shall change to 2C.  The AFDRB results were approved by the board president on 14 November.  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)