AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00449	
					
SUMMARY:  The applicant was discharged on 1 September 2009 in accordance with AFI 36-3208 with an Entry Level Separation for Failed Medical/Physical Procurement Standards.  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 made no contentions.  He requested his characterization, reenlistment eligibility code, and narrative reason be upgraded to allow him reentry into the military.

The ADRB conducted a thorough review of the applicant’s records.  During the review the Board found the basic military training medical staff discovered that the applicant had a pre-existing medical condition (chronic cholecystitis symptomatic) that would have precluded him from enlisting in the service.  The medical staff recommended he be discharged for erroneous enlistment and the applicant did not pursue a waiver.  He was discharged with an Entry Level Separation.    

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 the application.  The applicant made no mental health contentions and requested an upgrade to allow him to reenter the military.  

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 a mental health condition during his time in service.

3. Does that condition or experience actually excuse or mitigate 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 or endorsed any clinically significant indicators of a mental health condition during his time in service.  There is also no evidence a mental health condition caused or contributed to the applicant’s discharge.

4. Does that condition or experience outweigh the discharge? 

There is no evidence or records to substantiate the applicant’s contention that he had a mental health condition in service.  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 and found no evidence of inequity or impropriety. 

The DRB recognized the applicant’s request to upgrade his discharge characterization.  However, in accordance with AFI 36-3208, Airmen are in entry level status during the first 180 days of continuous active military service.  If separated during this time, they normally receive an Entry Level Separation that is not characterized.  Because it is Air Force policy to not characterize this type of separation, the Board could not approve the applicant’s request to “upgrade” the discharge characterization to Honorable.  

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/medical record entries, and discharge process, the Board found the discharge was proper.  Therefore, the awarded characterization of service shall remain, the narrative reason for separation shall remain, and the reentry code shall remain.  The AFDRB results were approved by the board president on 27 December 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)