AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00473	
					
SUMMARY:  The applicant was discharged on 17 July 2009 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of her 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 multiple Article 15s, vacation of a suspended non-judicial punishment, and multiple Letters of Reprimand.  Her misconduct included:  underage drinking, operating a bicycle under the influence of alcohol and in a reckless manner, damage to personal property, drunk and disorderly conduct, failure to go, and making false official statements.  

The applicant contended her discharge was unfair because she was the victim of military sexual trauma and suffered from depression and PTSD.  She requested to be medically retired from the Air Force due to her conditions.  The applicant claimed she had been diagnosed with Major Depressive Disorder by the VA and been given a service-connected disability rating.

A review of the applicant’s record revealed she had several instances of misconduct during her time in the Air Force.  The Board did not find any evidence to indicate that the applicant’s mental health condition contributed to her misconduct.  While in service, the applicant provided a response apologizing for each act of misconduct with no corrections based on each subsequent act of misconduct.  The Board found that the applicant’s chain of command acted appropriately and the discharge was neither inequitable or improper.

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 “sexual assault/harassment” on the application.  The applicant requested revision of her discharge because she believed her release was unfair given that she had suffered from military sexual trauma which led to depression and PTSD while on active duty.

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

Based on a review of the applicant’s records, there is no evidence the applicant sought or received any mental health care during her time in service.  There is also no evidence the applicant received a diagnosis of PTSD or Depression during her time in service, or that she endorsed or exhibited any clinically significant features of PTSD, depressed mood, or any other mental health condition during her time in service.  There is no evidence or records to substantiate the applicant’s contention that she developed PTSD during her time in service.

The applicant contended she experience military sexual trauma.  The applicant provided no other evidence or testimony regarding this claim.  The applicant did not submit any additional records or supporting documentation to substantiate her claim of military sexual trauma such as when it occurred, the nature of the incident, and how it impacted her mental health and overall functioning in the military.  It is possible the applicant experienced military sexual trauma; however, additional evidence is needed to substantiate the applicant’s claim.

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

A review of the applicant’s records revealed the applicant was discharged due to misconduct, minor infractions, which included underage drinking, drunk and disorderly conduct, failure to go, and making false official statements.  There is no evidence the applicant sought or received any mental health treatment during her time in service or that she exhibited any clinically significant features of a mental health condition, during her time in service.  There is no evidence a mental health condition caused or mitigated the misconduct that led to the applicant’s discharge. 
 
The applicant referenced her VA rating as evidence to support her claim.  The VA, operating under a different set of laws than the military, is empowered to offer compensation for any medical or mental health condition with an established nexus to military service, without regard to its impact on a member’s fitness to serve, the narrative reason for release for service, or the length of time that has transpired since the date of discharge.  The VA may also conduct periodic reevaluations for the purpose of adjusting the disability rating as the level of impairment from a given condition may improve or worsen over the life of the veteran.  At the “snapshot in time” of the applicant’s service, there is no evidence the applicant had a mental health condition that caused or mitigated the misconduct which led to her discharge.

4. Does that condition or experience outweigh the discharge? 

Because the applicant’s discharge is not mitigated, 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.   

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her 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/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 AFDRB results were approved by the board president on 29 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)