AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00373	
					
SUMMARY: 

The applicant was discharged on 14 August 2007 in accordance with AFI 36-3207 with an Under Other Than Honorable Conditions Discharge. The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 13 December 2022. No witnesses were present to testify on the applicant’s behalf. 

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. His misconduct included: physically controlling a vehicle while drunk; being drunk and disorderly; and wrongfully had sexual intercourse with a married woman, not his spouse.   

The applicant through counsel contended that his discharge was inequitable.  His mental health condition affected his judgment and therefore mitigates the severity of the misconduct. Additionally, the applicant contended that the current Characterization is too harsh and the applicant’s excellent pre-separation and post-service conduct warrants consideration. They are requesting an Honorable or General Characterization, and to change the narrative reason for discharge to Secretarial Authority. During the personal appearance, the applicant and counsel reiterated the contentions. The applicant highlighted that the misconduct was uncharacteristic and that he was respected in unit.  Despite his struggles, he continued to excel. The counsel asked for liberal consideration based on his mental health issues and concluded that the applicant’s pre-separation and post service conduct warranted an upgrade.

The DRB reviewed the applicant’s entire service record and considered the information the applicant provided during his testimony and found no evidence of impropriety or inequity. The applicant did not provide sufficient evidence to indicate that the circumstances surrounding his discharge warranted an upgrade. The Board determined that the applicant’s misconduct was a significant departure from the conduct expected of all military members.  His service record indicated numerous incidents of willful misconduct and a lack of condor.  The applicant’s chain of command applied the appropriate consequences based on the nature of the applicant’s misconduct. The Board also noted that the applicant acknowledged and accepted the possibility of an Under Other Than Honorable Conditions Discharge when he requested to resign in lieu of going to a court martial.  The Board deemed that the discharge received by the applicant 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, through counsel, checked the box for “other mental health” on the application. The applicant, through counsel, contended “[the applicant] suffered from mental health conditions that affected his service and mitigated the severity of his lapse in judgment.” 
 
2. Did that condition exist/experience occur during military service? 

Based on a review of the applicant’s records, there is evidence the applicant received mental health care during his time in service. There is evidence the applicant was command referred to ADAPT during his time in service. There is evidence the applicant was command referred to Family Advocacy Program during his time in service. The applicant’s records reveal the applicant was evaluated by multiple providers in multiple specialties and received the diagnosis of alcohol dependence. There is evidence the applicant was also being treated for symptoms of depressed mood and irritability; the applicant’s records reflect those symptoms were likely caused by the applicant’s maladaptive alcohol use.   

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

The applicant, through counsel contended the applicant’s mental health conditions affected his service and mitigated his lapse of judgement. Based on a review of the applicant’s service records, the applicant was discharged in lieu of court martial due to multiple acts of misconduct including two DUI offenses, (one of which caused harm to foreign nationals in another vehicle), drunk and disorderly, and adultery on divers occasions. 
 
In the Commander’s response to the applicant’s Article 15 presentation for adultery the Commander stated, “The evidence clearly shows you stood in my office and deliberately lied.” The Commander further stated “Your first Article 15 identified you as someone who required close supervision. Your latest misconduct shows that, despite this attempt at rehabilitation, you still have an alarming lack of judgment, and even more important, a lack of integrity.” 

The applicant’s records reflect the applicant received a diagnosis of Alcohol Dependence, which, in this applicant’s case is an unsuiting condition as there is no evidence or records of an underlying mental health condition. Unsuiting conditions are incompatible with continued military service. The applicant, during his personal appearance hearing, stated his alcohol use was due to isolation and a stressful work/life balance in conjunction with marital problems. The applicant’s maladaptive alcohol use may explain the applicant’s misconduct, but it does not mitigate it. 

4. Does that condition or experience outweigh the discharge? 

No error or injustice was found in review of the applicant’s records; thus, the applicant’s discharge is 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 and did not find that any of the factors in the memo mitigated the severity of the applicant’s misconduct that led to his discharge. 

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 records, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain “Under Other Than Honorable Conditions”, the narrative reason for separation shall remain “In Lieu of Trial of Trial by Court Martial”, and the reentry code shall remain. The AFDRB results were approved by the board president on 19 December 2022.  

The applicant requested the Board consider elements of his post service conduct as a basis to upgrade his discharge.  The applicant may exercise his right to directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records by requesting clemency based on post-service activities and accomplishments.  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)