AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00287	
					
SUMMARY: 

The applicant was discharged on 1 November 2012 in accordance with AFI 36-3208with a General discharge after misconduct (minor infractions). The applicant appealed for an upgrade of his discharge characterization.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on 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, multiple Letters of Reprimand, and multiple Letters of Counseling.  His misconduct included failure to report to duty, failing a CDC test, failing dorm inspection, and being disrespectful towards an NCO. 

The applicant requested an upgrade discharge. The applicant contended that his discharge was improper and inequitable.  He stated that he was unfairly treated due to his transparency with his leadership about his mental health condition.  He stated that he explained the majority of the things he was discharged for in his administrative rebuttals.  The applicant stated that he was diagnosed with depression while serving and felt he was routinely punished for the symptoms he was experiencing.  He stated that this caused his depression to worsen and exacerbated his issues.  The applicant acknowledged that his actions were not becoming of an Airman but did not think it warranted a discharge.  The applicant’s character witness stated that his leadership felt he was gaming the system and was not genuine with his mental health claims.  The applicant stated that he thought his depression was not taken seriously, which led to his discharge.

The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to 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.  

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 checked the box for “other mental health” on the application. The applicant contended “I feel I was unfairly treated based on my mental health when I was transparent with them about them and the majority of things I was discharged for in my LORs could have been explained with the depression I was diagnosed with at the time. I was allowed enough time and resources to deal with them at that time and was routinely punished for symptoms I was experiencing further depressing and exacerbating my issues further. The discharge decision they arrived at didn’t even try to take in consideration of my mental health and how it was affecting my performance, even though they were aware of it.” 

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

There is evidence the applicant sought and received mental health services during his time in service. A review of the applicant’s records revealed the applicant received the diagnoses of depression, ADHD, narcisstic personality features, and schizoid personality disorder.

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

There is evidence the applicant exhibited and endorsed features of a personality disorder during his time in service. The applicant’s personality disorder traits likely caused his behavioral and misconduct issues in service and are considered incompatible for military service. Personality disorders and traits are conditions of a developmental nature- they are pervasive, stable, persistent, and often resistant to treatment. Based on a review of the applicant’s medical and mental health records, the applicant’s personality disorder was discussed in depth over many sessions as well as suggestions for behavior modifications and the records reveal applicant did not engage in treatment and reported ambivalence and no distress to his providers about his condition.   This condition may explain the applicant’s misconduct, but it does not mitigate the misconduct. 

The applicant submitted his 2022 VA rating decision as evidence; 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 any unfitting mental health conditions that caused or mitigated the misconduct(s) which led to the applicant’s discharge.  

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

Based on review of the applicant’s records, the applicant’s mental health conditions were known and fully considered by the applicant’s command during the discharge process. No error or injustice was found in review of the applicant’s records; thus 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.” 

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 and medical records , and discharge process, the Board found the discharge was proper and equitable. Therefore, the awarded characterization of service, the narrative reason for separation and the reentry code shall not change. The AFDRB results were approved by the board president on 5 October September 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)