AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00331	
					
SUMMARY: 

The applicant was discharged on 9 February 2021 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of her 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 an Article 15, multiple Letters of Reprimand, and a Letter of Counseling.  Her misconduct included:  Failed to properly clear military housing; negligently failed to return and pay for rental vehicle; failed to obey a Military Protective order by communicating with the member; wrongfully writing on Facebook, indecent language regarding squadron commander; from Dec 19 to April 20, wrongfully engaged in an unprofessional relationship with a married induvial who was not her spouse; missed six consecutive self-made medical appointments; failed to leave off-base home in proper condition; failed to go at the time prescribed to appointed place of duty on multiple occasions, specifically, she missed five medical appointments; driving 29mph in a 15mph zone; vehicle road tax and MOT was expired and vehicle was not insured; and failed to follow entry control protocol by allowing an individual to enter the installation without properly scanning their Military ID.  

The applicant contended that she was not given due process when her Commander sent her admin separation packet while she was going through MEB for PTSD due to MST. She explained that she had never gotten into trouble until after the first assault happened. She stated that the board obviously didn’t look at all of her paperwork when approving an admin separation over TDLR. The applicant requested and Honorable and the ability to use her GI Bill. She also made other requests but are outside of the DRB’s authority. 

The Board found neither the evidence of record, nor anything provided by the applicant that substantiated an impropriety.  However, sufficient evidence existed to convince the board the discharge was inequitable. Specifically, the Board determined that, through liberal consideration, the issues and experiences of the applicant outweighed the misconduct that resulted in the discharge. 

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 physician, clinical psychologist, or psychiatrist.  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 boxes for “PTSD”, “TBI”, and “sexual assault/harassment” on the application. The applicant contended “I do not believe I was given due process when my commander sent the admin separation packet while ongoing a Medical Evaluation Board for PTSD due to MST. I had never gotten in trouble until my first assault happened and they obviously did not look at all of my paperwork when approving an admin sep over me being place on TDRL with 50% rating from the DOD. I got out and immediately got 80% disability from the VA and a few months after I got 100% P&T. The amount of stress my commander caused and simultaneously taking away TriCare from my kids when I should have kept TriCare for at least 18month because of my TDRL status. I’d like to be awarded my DOD disability back, TriCare for my children, my GI Bill benefits. Or at bare minimum an honorable discharge and an apology from my commander.” 
 
2. Did that condition exist/experience occur during military service? 

There is evidence the applicant sought and received mental health services during her time in service. Based on a review of the applicant’s records, the applicant received the diagnoses, in service, of personal history of abuse in childhood, PTSD, major depressive disorder, and other specified depressive episode.  Based on a review of the applicant’s records, the applicant’s diagnosis of PTSD was noted to be an EPTS condition with evidence of service aggravation beyond the normal progression. 

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

There is evidence the applicant experienced difficulty adjusting to military life, expectations, and culture in addition to experiencing family stressors/childhood sexual trauma and appropriately sought mental health support. The presence of a diagnosis or mental health condition in service, in and of itself, does not excuse misconduct nor mitigate a discharge. Based on a review of the applicant’s records, the applicant’s misconduct occurred over the duration of her time in service; furthermore, the nature of some of the applicant’s misconduct are likely unrelated to a mental health condition. There is evidence the applicant’s case was referred for MEB processing in which the mental health provider noted concerns for the applicant’s mental health as it pertained to the multiple ongoing family advocacy and child neglect issues. There is evidence the applicant’s mental health condition may have caused or substantially contributed to some of the misconducts that led to her discharge. 

4. Does that condition or experience outweigh the discharge? 

Based on a review of the applicant’s records, there is evidence the applicant’s discharge is outweighed based upon liberal consideration. This Board will not opine about the applicant’s request for a medical discharge as that is out of the scope of the Discharge Review Board. 

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.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) and (7)(a)-(7)(r) of this memorandum. 

FINDING:  The DRB voted unanimously to approve the applicant’s request to upgrade her discharge characterization to Honorable and to change the discharge narrative reason to Secretarial Authority. The reenlistment eligibility code was changed to 2C.

The DRB does not have the authority to decide matters such as Medical retirement. If the applicant wishes to pursue this relief, the Board recommends she exercise the right to directly appeal to the Air Force Board for Correction of Military Records.  
 
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 inequitable. Therefore, the awarded characterization of service shall change to “Honorable”, the narrative reason for separation shall change to “Secretarial Authority”, and the reentry code shall change to “2C”. The AFDRB results were approved by the board president on 1 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)