AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00404	
					
SUMMARY:  The applicant was discharged on 13 March 2009 in accordance with AFI 36-3208 with an Entry Level Separation for Erroneous Entry.  The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, 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 contended he disclosed any allergies and other medical information he was aware of at the time of his enlistment.  He requested his discharge be upgraded and his narrative reason, separation code, and reenlistment code be changed.  

The applicant also submitted several documents to support his contention of other errors on his DD 214 that are outside the scope of the DRB’s authority.  Should the applicant elect to continue to pursue these corrections, he is encouraged to exercise his right to apply to the Air Force Board for Correction of Military Records.

A review of the applicant’s record revealed while he was attending technical training he was diagnosed with asthma and the medical providers determined his condition existed prior to service.  He did not apply for a waiver and was discharged for erroneous entry.  Additionally, the applicant checked the “other mental health conditions” block on his application.  He did not submit any evidence to support a mental health condition with his application.
  
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 box for “other mental health” on his application.  The applicant did not make any other mental health contentions in his statement on section 3, box 22 of the application.  All contentions made by the applicant were in reference to the applicant’s medical condition of asthma.

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

There is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant exhibited any clinically significant features of any other mental health condition during his time 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 for failing to disclose a potentially disqualifying medical condition prior to enlisting.  There is no evidence the applicant sought or received any mental health treatment during his time in service.  There is also no evidence the applicant exhibited any clinically significant features of a mental health condition during his time in service.  There is no evidence a mental health condition caused or mitigated the applicant’s discharge.

4. Does that condition or experience outweigh the discharge? 

There is no evidence the applicant sought or received any mental health treatment during his time in service. There is no evidence the applicant exhibited any clinically significant features of any other mental health condition, during his time in service.  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 found no 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 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 the reentry code shall not change.  The AFDRB results were approved by the board president on 25 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)