AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00417	
					
SUMMARY:  The applicant was discharged on 19 July 2018 in accordance with AFI 36-3208 with a General discharge for a Pattern of Misconduct.  The applicant appealed for an upgrade of his discharge characterization.

The applicant was not represented by counsel.   
 
The applicant requested the board be completed based on a records only review.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 9 February 2023.  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 and multiple Letters of Reprimand and Counseling.  His misconduct included:  driving under the influence (DUI) of alcohol on more than one occasion, damage to government property, underage drinking, and failure to obey orders.  

The applicant contended he was the victim of sexual assault while serving in the military and was diagnosed with post-traumatic stress disorder (PTSD) and bipolar disorder after his discharge.  During the hearing, the applicant testified he was not aware his behavior was related to his mental health, and he would have sought treatment while in the service had he known.  He claimed he made huge strides to improve his life and had sought treatment for his conditions.  He requested an upgrade to allow him access to educational benefits.  He claimed he wants to get a degree in health and wellness so that he can help others through coaching and mentoring. 

A review of the applicant’s record revealed he had multiple incidents of misconduct including two DUIs, one of which led to him crashing a vehicle and damaging government property.  He also had an underage drinking incident and failed to obey orders on multiple occasions.  The applicant submitted a letter from the VA and has been given a 100% service-connected disability rating.  

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 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 “Sexual Assault/Harassment” on the application.  The applicant contended he was a 100% Disabled Veteran and had been diagnosed with PTSD as well as Bipolar Disorder.  He also contended he was sexually assaulted during his time in service. 

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

There is no evidence the applicant 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.  The applicant’s records revealed he was command referred to the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program twice during his time in service for DUIs.  Additionally, there is evidence in the applicant’s post-service records that he reported he was sexually assaulted during his time in service.

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

A review of the applicant’s records revealed he was discharged due to a pattern of misconduct.  The applicant’s in-service records revealed maladaptive substance use resulting in two DUIs, and his use began prior to his experience of sexual assault, and continued after, with the same pattern of misconduct.  A review of the applicant’s post-service records regarding his experience of sexual assault during his time in service revealed the applicant reported he was not bothered or impacted by this experience and had let it go.  The applicant stated during his hearing his leadership was supportive and responsive during his disciplinary actions and noted that despite this, his life was still hard; therefore, he continued to use alcohol.  The applicant stated he believed he could have continued in the Air Force if he had completed additional services in ADAPT beyond the alcohol education classes but at that time, he did not know he needed services.  Furthermore, he denied having any symptoms during his time in service.  The applicant also stated during his hearing that he would like the Board to consider that he is not the same person he was when he was in the service and would like the Board to take into consideration that he has anxiety from his in-service DUI car accident that has resulted in him receiving a marijuana card.

4. Does that condition or experience outweigh the discharge? 

Although there is evidence the applicant’s experience of sexual assault may have mitigated his discharge, there is insufficient evidence the applicant’s discharge is outweighed.  The applicant was discharged due to misconduct.  There is no evidence the applicant’s misconduct was mitigated by the applicant’s experience of sexual assault.  The applicant’s records reflect his maladaptive alcohol use began prior to the applicant’s experience of sexual assault and continued after with the same maladaptive frequency and associated misconduct.  There is no established nexus between the applicant’s substance use and his experience of sexual assault, 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 impropriety or inequity. 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to “Honorable.”  The DRB also voted unanimously to deny changing the discharge narrative reason to “Secretarial Authority” and changing 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/medical record entries, 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 DRB results were approved by the board president on 17 February 2023.  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)