AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00305	
					
SUMMARY: 

The applicant was discharged on 13 January 2021 in accordance with AFI 36-3208 with a UOTHC after In Lieu of Trail by Court-Martial. The applicant appealed for an upgrade of his discharge characterization.

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 requested an upgrade discharge.   The applicant stated he was falsely accused of sexual assault, which strained his personal and professional relationships.  He stated that he suffered mental health issues while awaiting the court-martial.  The applicant’s statement is cut off on the application, so the Board was unable to review the full statement.

The DRB determined that, through the administrative actions taken by the chain of command in this case were equitable and proper.  The board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members and his discharge was appropriate for the nature of his misconduct.  

LIBERAL CONSIDERATION:
Due to the applicant’s contentions of a mental health condition, 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.  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 reviewed the applicant’s contentions based on Liberal Consideration and determined that Liberal Consideration is not applicable to this applicant’s request. The applicant made no claim or contention that a mental health condition caused or substantially contributed to the misconduct that led to his discharge. There is evidence the applicant was referred to and received mental health services during his military legal proceedings. While military legal proceeding can be stressful, they do not constitute a mental health condition that mitigates the misconduct that initiated the legal proceedings.  Upon review of the applicant’s service record, the board did find any evidence provided by the applicant to indicate the circumstances surrounding the discharge was inequitable or improper.  

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 record, 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)