AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00323	
					
SUMMARY: 

The applicant was discharged on 31 July 2009 in accordance with AFI 36-3208 with a General discharge characterization and Narrative Reason for Separation was Misconduct (Minor Infractions). 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’s record of service included multiple Article 15s and multiple Letters of Reprimand.  His misconduct included unlawfully striking his spouse.  He failed to go to place of duty, failed to complete his family care plan and showed up late to PT.  

The applicant requested an upgrade to his discharge characterization.  The applicant stated that he suffered from anxiety and depression.  He stated that he had a stellar career at the start of his service.  He stated that he had firewalls 5’s on his EPRs, was promoted quickly, and won quarterly, monthly, and yearly awards.  He stated that the bipolar issues started when he left Lackland AFB.  He said he was never treated for it but saw a psychiatrist.  He stated that he was disgusted with his discharge but believes he has been punished long enough and has gotten the help he always needed. 

The DRB determined that there was no inequity or impropriety in the circumstances concerning the applicant’s discharge regarding the administrative actions taken by the applicant’s chain of command. The Board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.
  
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 contended “I was misdiagnosed while active duty. I suffer from anxiety and depression which actually is bipolar disorder.” The applicant also stated on the application “I would like to say the start of my military career is who I truly am, not what happened at the end of my career. I am truly sorry for my actions but my bipolar played a huge part in it. The miliary was my life and I am disgusted with my discharge, but I believe I have been punished long enough. I have gotten the help that I always needed.” 
 
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 for symptoms of depression, anxiety, and bereavement. 

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

Based on a review of the applicant’s records, the applicant was discharged due to minor disciplinary infractions including failure to go on multiple occasions, failure to complete a family care plan, and violence (striking and choking) against the applicant’s spouse. Harm to others is generally excluded from liberal consideration. In considering the applicant’s non-violent misconducts, it is possible the applicant’s mood symptoms caused or substantially contributed to the applicant’s repeated tardiness, although in the applicant’s rebuttals the applicant claimed his repeated tardiness was due to unforeseen weather delays and a dead car battery.   

4. Does that condition or experience outweigh the discharge? 

It is possible the applicant’s mental health condition may have mitigated some of his misconducts; however, liberal consideration is generally not applied when the applicant’s misconduct involves intentional harm to others. The applicant’s in-service mental health condition is considered, but does not outweigh the egregious nature of the applicant’s misconduct. 

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 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 9 November 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)