AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00291	
					
SUMMARY: 

The applicant was discharged on 30 March 2022 in accordance with AFI 36-3208 with a General discharge characterization and a narrative reason of misconduct (serious offense). 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 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’s record of service included an Article 15, a Letter of Reprimand, and a Letter of Counseling.  His misconduct included being derelict in the performance of his duties, traveling to meet a minor for sexual activities and making disparaging comments about his leadership.

The applicant requested a discharge upgrade to Honorable. The applicant contended that his discharge was inequitable because of one isolated incident after already serving 20 years of honorable service with no other adverse actions. He stated that his Commander failed to consider his mental health issues when he decided to discharge him. The applicant stated that he has medical records to prove his diagnosis of PTSD and OCD contributed to the reason for his discharge from the military. The applicant’s medical records stated that he had nightmares related to deployment and “losing guys” with survivor’s guilt.  

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 “The Commander who separated me failed to take into account my mental health issues when making the decision to separate me. I will be submitting my mental health records to show my diagnosis of PTSD and OCD. Both of these mental health issues directly contributed to the reason for my discharge from military service. I believe my discharge was inequitable because this was one isolated incident that took place after I had already had 20 years of honorable service with no other adverse actions within that 20-year period.” 

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

The applicant submitted two partial medical records from his time in service. One of the records was dated 5 Oct 2021 “page two of five”; the second medical record was dated 11 Feb 2016 “page three of six”. A review of the applicant’s medical and mental health records revealed the applicant received the diagnoses, in service of adjustment disorder with mixed anxiety and depression and personality disorder. Based on a review of the applicant’s records, the applicant received mental health and Family Advocacy services intermittently beginning in 2010.

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

The applicant was discharged due to misconduct (serious offense). 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. This condition may explain the applicant’s misconduct, but it does not mitigate the misconduct. Additionally, although this applicant’s application is considered under liberal consideration the applicant’s mental health condition does not outweigh the severity of this applicant’s misconduct. 

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 egregious misconduct which led to his 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/medical record entries, and discharge process, the Board found the discharge was 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 7 October 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)