AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00295	
SUMMARY: 

The applicant was discharged on 15 June 2021 in accordance with AFI 36-3208 with a service characterization of Under Honorable Conditions (General) and Misconduct (minor infractions) as the Narrative Reason for Separation. The applicant appealed for an upgrade of her discharge characterization.

The applicant was not represented by counsel and 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 multiple Letters of Reprimand, and multiple Letters of Counseling.  Her misconduct included failure to obey a direct order. She was derelict in her duties, disrespectful to a SNCO, and used a Falcon loan for unauthorized transactions. 

The applicant requested an upgraded discharge to be eligible for the GI Bill to help finance the nursing program she is currently enrolled in.  She stated that her mental health while in the service impacted her career.  She stated that her chain of command was unaware of her mental health and how it affected her overall performance. 

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 acknowledged that the applicant’s present service characterization renders her ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

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 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 “my mental health while in service has impacted my career. My chain of command was unaware of my mental health and how it had an effect on my overall performance.” 
 
2. Did that condition exist/experience occur during military service? 

Based on a review of the applicant’s records, there is evidence the applicant intermittently sought and received mental health services during her time in service and received the diagnoses of adjustment disorder with mixed anxiety and depression and major depressive disorder, single episode. 

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

A review of the applicant’s records revealed the applicant was discharged due to misconduct (minor infractions).  The applicant’s discharge notification revealed the applicant received five Letters of Reprimand (LOR), four Letters of Counseling (LOC), a Verbal Counseling MFR, and a Unfavorable Information File (UIF) during her four years in service.  The presence of a mental health condition, in and of itself, does not mitigate nor excuse misconduct. Based on a review of the applicant’s in-service medical and mental health records, the mental health symptoms and distress reported  by the applicant were caused by workplace stress and the applicant’s dislike for the workplace environment. There is no evidence that a mental health condition caused the misconduct, there is evidence the applicant was seeking mental health services to cope with the stress of her perceived environmental and workplace stressors.   There is no evidence a mental health condition caused the misconduct(s) for which the applicant was discharged, and thus the applicant’s discharge is not mitigated. 

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated or excused, 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.” 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her 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 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 23 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)