AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00333	
					
SUMMARY: 

The applicant was discharged on 28 May 2013 in accordance with AFI 36-3208 with an Honorable Discharge for Unsatisfactory Performance. The applicant appealed for an upgrade of his discharge narrative reason.

The applicant was not represented by counsel.    

The applicant initially chose to have a personal appearance before the Discharge Review Board (DRB), but due to the applicant’s lack of response, to the appearance scheduling request, the President of the AFDRB authorized a records only review of the discharge, per DOD 1332.8, E3.2.6.2.  The applicant did not have a prior records only review, therefore, the board deemed him eligible for one.  

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 a Letter of Reprimand, and multiple Letters of Counseling. His misconduct included:  two instances of failure to adhere to smoking policy by using smokeless tobacco and failed to go to mandatory appointment.

The applicant contended that the discharge was improper, as it was requested and approved. He explained that he asked to be discharged due to mental health effects and PTSD related to his sexual assault. The applicant requested GI Bill benefits and VA access.

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 applicant’s Honorable discharge provides access to most VA benefits.  Neither the applicant’s discharge characterization or narrative reason for separation impede the applicant’s access to the GI Bill. The board found nothing improper about the narrative reason, and an upgrade would not change the applicant’s eligibility for the GI Bill. The Board deemed the applicants discharge was appropriate. 

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”, “other mental health” and “sexual assault/harassment” on the application. The applicant contended “I requested to be discharged and was approved. I asked to be discharged because of the mental effects and PTSD related to my sexual assault. I would like a prorated or full G.I. bill, and VA access.”
 
2. Did that condition exist/experience occur during military service? 

There is no evidence or records to indicate that the applicant was diagnosed with PTSD during his time in service. There is no evidence or records the applicant exhibited any clinically significant indicators of PTSD during his time in service. Based on a review of the applicant’s records, there is evidence the applicant was seen by a mental health provider one time during his time in service related to difficulty focusing; based on a review of the applicant’s records, the applicant revealed that he was diagnosed with ADHD from ages 5-15.  

There is no objective evidence in the applicant’s military or mental health records provided to support the applicant’s experience of sexual assault in service
 
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 with an Honorable characterization of service due to unsatisfactory performance. The applicant’s records revealed the applicant was disenrolled from the Chinese language cryptolinguist apprentice course due to unsatisfactory performance and the applicant requested separation from the Air Force. Based on a review of the applicant’s records, he stated in a MFR with subject “Efforts in Chinese Mandarin Basic Course” that he was experiencing psychosocial stressors that impacted his performance; specifically, “my younger brother has elected to leave his drug rehabilitation earlier than expected. Along with this, my father has lost his job and my mother is struggling to support herself and the rest of my family. It is mainly because of these issues that I request a discharge from the United States Air Force.” The applicant did not provide any evidence or testimony to substantiate his claim that he experienced sexual assault or was experiencing the effects of PTSD in service.   

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.”  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 deny the applicant’s request to change the discharge narrative reason to Secretarial Authority or to change the reenlistment eligibility code to 3K.

CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service and medical records, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain “Honorable”, the narrative reason for separation shall remain “Unsatisfactory Performance” remain “2C”. The AFDRB results were approved by the board president on 16 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)