AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00575	
					
SUMMARY: 

The applicant was discharged on 17 April 2018 in accordance with AFI 36-3208, Administrative Separation of Airmen with a General Discharge for a Pattern of Misconduct.  The applicant appealed for an upgrade of her discharge characterization.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on records review only.  The Board was conducted on 09 March 2023.

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 Discharge Review Board (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.  Her misconduct included:  Violated a lawful general order by being in an unauthorized location and without a pass after 0100L; with the intent to deceive, made a false statement to a Security Forces NCO that she was not military and did not have a military ID; cited by civilian authorities for obstruction of a government function; drunk and disorderly; and investigation revealed that on multiple occasions, she violated a no-contact order.

The applicant requested an upgrade due to the knowledge of her mental health during the time of service. She indicated that she didn’t receive the appropriate help until it was too late.  She explained that work became a stable distraction from her mental health issues she was facing at home, that was, until the last six (6) months of service when all her misconduct took place. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  It determined that, through the administrative actions taken by the chain of command, the applicant had ample opportunities to change her negative behavior.  The Board noted that the applicant did seek help during service and received a diagnosis of Alcohol use disorder, mild. However, there was no evidence that the applicant exhibited or endorsed any symptoms of PTSD, TBI or any other mental health disorder during her time in service.  Furthermore, when the applicant sought help, it was after disciplinary and separation proceedings, which are not mitigating factors for the misconduct.  The DRB concluded that the discharge received was appropriate.  

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 have a condition or experience that may excuse or mitigate the discharge? 

The applicant checked the boxes for “PTSD,” “TBI,” and “other mental health” on the application.  The applicant contended “I believed my request [for relief] should be granted due to the knowledge of my mental health during time of service.”  The applicant also contended “I was suffering from Major Depression which included PTSD, anxiety and a TBI unknowingly.  I knew my off-duty lifestyle had changed dramatically but did not understand the toll it was taking on my career.”   

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

A review of the applicant’s records revealed the applicant received mental health services during her time in service.  The applicant’s records revealed the applicant was command referred to ADAPT on multiple occasions and received alcohol education classes and was enrolled in Level 1 treatment.  There is no evidence or records to the substantiate the applicant’s contention that she received the diagnosis, in service, of PTSD.  There is no evidence the applicant exhibited or endorsed any clinically significant indicators of PTSD during her time in service.  Based on a review of the applicant’s military records, the applicant received the diagnosis, in service of alcohol use disorder, mild.  

There is no evidence or records to substantiate the applicant’s contention that she incurred, experienced, or exhibited sequelae from a TBI during her 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 due to a pattern of misconduct. The applicant’s misconduct included curfew violation, making false statements, drunk and disorderly, and violating no-contact order.  The applicant stated in her LOR rebuttal that she violated the no-contact order repeatedly because she was lonely and emotional and had been denied a one-on-one conversation (without a witness) conversation with the commander and felt nobody cared.  There is no evidence a mental health condition caused the misconduct that led to the applicant’s discharge.  There is evidence the applicant sought and received mental health services during her military disciplinary and separation proceedings. While military disciplinary and separation proceeding can be stressful, they do not constitute a mental health condition that mitigates the misconduct that initiated the proceedings. 

4. Does that condition or experience outweigh the discharge? 

No error was found in review of the applicant’s records because the applicant’s discharge is not mitigated. the applicant’s discharge 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. 

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her 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 and equitable.  Therefore, the awarded characterization of service shall remain “General,” the narrative reason for separation shall remain “Pattern of Misconduct,” and the reentry code shall remain  “2B.”  The Air Force DRB (AFDRB) results were approved by the board president on 17 March 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)