AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00340	
					
SUMMARY: 

The applicant was discharged on 12 February 2014 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions Discharge for Pattern of Misconduct. 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 a Special Court-Martial, multiple Article 15s, and multiple Letters of Reprimand.  Her misconduct included:  conspired with others to commit larceny of merchandise with a value of more than $500, the property of AAFES; failure to go at the time prescribed to appointed place of duty (x4); reported late to work to open up the fitness center, which directly impacted the unit’s operation and mission; and failure to pick up trash as directed.

The applicant stated that she was in the wrong place at the wrong time. She explained that her co-workers were caught stealing and it was assumed that she knew about it and also did it as well. She concluded that she was not even with them at that exact time but was still held accountable like she had done it.  

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 did not provide sufficient evidence, to indicate she did not commit the misconduct, that would warrant an upgrade to the discharge. The Board deemed the  discharge that the applicant received 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 box for “other mental health” on the application. The applicant did not make any other mental health contentions related to the discharge; the applicant contended “I was caught in a situation at the wrong place wrong time situation. My co-workers were pretty much caught stealing and it was assumed that I knew about it and who did it. I was actually not even with them at the exact time it supposedly happed but still was held accountable like I did it.” 
 
2. Did that condition exist/experience occur during military service? 

Based on a review of the applicant’s records, there is evidence the applicant reported insomnia on one occasion during her time in service and was given sleep improvement strategies. There is no evidence the applicant sought or received any mental health treatment during her time in service prior to her attendance at group sessions during her time in confinement. There is no evidence the applicant exhibited any clinically significant features of a mental health condition during her time in service. 

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

The applicant was discharged due to misconduct. There is no evidence the applicant exhibited any clinically significant indicators of a mental health condition during her time in service. There is no evidence a mental health condition caused or mitigated the misconduct(s) that led to the applicant’s discharge.  

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 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 and medical records, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain “Under Other Than Honorable Conditions Discharge”, the narrative reason for separation shall remain “Pattern of Misconduct”, and the reentry code shall “2B”. The AFDRB results were approved by the board president on 10 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)