AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00378	
					
SUMMARY:  The applicant was discharged on 1 November 2021 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason and associated separation code, and a change to the reenlistment eligibility code.

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 and multiple Letters of Reprimand and Counseling.   His misconduct included:  failure to go, making false statements, falsifying official documents and disrespect towards an NCO.   

The applicant contended he was mistreated by his leadership and his unit did not like him.  He claimed he was falsely accused of hurting someone which led to his demotion.  He also claimed he was barred from the base after he was discharged which led to the loss of his job.  The applicant contended his mental health has suffered due to the mistreatment.  The applicant also submitted character reference letters from former co-workers that indicated he was being mistreated by his unit and his mental health deteriorated as a result of it.	

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 contend that a condition or experience may have excused or mitigated their misconduct or discharge?  

The applicant checked the boxes for “PTSD,” “other mental health,” and “reprisal/whistleblower” on the application.  The applicant contended in his personal statement he had many hiccups over his time in the service and he was not particularly liked by his leadership.  He included many documents to explain what happened to him while in the service including character letters and medical records pertaining to his mental and physical health.  

2. Did that condition exist/experience occur during military service? 

Based on a review of the applicant’s records, there is evidence the applicant sought and received mental health services during his time in service.  Based on the applicant’s records, the applicant received the diagnoses, in service, of adjustment disorder with anxiety, problems related to employment, and personality disorder, unspecified.  There is no evidence the applicant was diagnosed with or exhibited any clinically significant indicators of PTSD during his time in service., 

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

According to the applicant’s DD 214, the applicant was discharged due to misconduct (minor infractions). There is evidence the applicant exhibited and endorsed features of a personality disorder during his time in service.  The applicant’s personality disorder traits likely caused his behavioral and misconduct issues in service and are considered incompatible for military service.  Personality disorders and traits are conditions of a developmental nature, they are pervasive, stable, persistent, and often resistant to treatment.  This condition may explain the applicant’s misconduct, but it does not mitigate the misconduct.

4. Does that condition or experience outweigh the discharge? 

Based on review of the applicant’s records, the applicant’s mental health condition was known and fully considered by the applicant’s command during the discharge process.  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 any evidence of inequity or impropriety. 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable, to change the discharge narrative reason and associated separation code 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, the narrative reason for separation and associated separation code, and the reentry code shall not change.  The AFDRB results were approved by the board president on 21 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)