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AF | DRB | CY2013 | FD-2013-00765
Original file (FD-2013-00765.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)
 GRADE    AFSN/SSAN

PERSONAL APPEARANCE
X        RECORD REVIEW



YES      No
x

ADDRESS AND OR ORGANIZATION OFCOEL


MEMBER SITTING

HON      GEN      UOTHC    OTHER

X*
DENY


X*
X*








ISSUES




A93.24






INDEX NVMBER




A67.10
X* X*
1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETIER OFNOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEAR.ING


HEARING DATE     CASE NUMBER

19 Jun 2014      FD-2013-00765

Case heard in Washington, D.C.
Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. Names and votes will bemade available to the applicant at the applicant's request.
*Beyond purview of AFDRB to address medical contentions, advise to submit application to AFBCMR












TO:


SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742


FROM:



SECRETARY OFTifE AIR FORCE PERSO>'lll'EL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
!SlSCOMMAN D DR, Et WING,JRD FLOOR
ANDREWS AFB,MD 20762 7001


AFBQ FORM 0-2077, JAN 00         (EF-V2)  Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2013-00765

GENERAL: The applicant appeals for upgrade of discharge to honorable

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDING:         The Board grants the requested relief.
ISSUE: Applicant received a General discharge for Misconduct: Minor Disciplinary Infractions

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. 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 did complete a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The Applicant's record of service included two Letters of Reprimand. Applicant's misconduct included; failed to attend four medical appointments, failed to report to duty, used Government travel card (GTC) for withdrawals, failed to pay GTC for a period over 120 days, delinquent on military star card, attended a dorm party while on duty and armed, failed to remove a 1Oyr old child who was in attendance while adult discussions and alcohol was being consumed, and as the ranking individual on duty, allowed influence of Jr airmen to remain in the environment.

Applicant's principle contention was that his discharge was inequitable due to the fact that at the time of his discharge, he was suffering a mental health breakdown caused by Bipolar disorder. He stated that he had been hospitalized for mental health issues in April 2011 and had been seen regularly by the mental health clinic for more than one year prior but was misdiagnosed with depression. The applicant had been prescribed anti-depressant medication but due to the misdiagnosis, the medication was unproductive in treatment and his mental health issues. Since applicant's discharge, member has since been rated at 90 percent disabled by the VA, including a 70 percent rating for his bipolar disorder, which after further review by the Board, confirmed the misdiagnosis after a review of member's medical and VA treatment records. The Board concluded that the applicant's mental health condition was serious enough to impair his ability to conform to military standards and opined it was inequitable to discharge him for the misconduct in light of his mental health diagnosis. The board further noted that while the member's mental health condition did not predicate or mitigate all of his incidents of misconduct, several of the incidents correlates with the bipolar diagnosis. The board concluded that it would have been more equitable to base his discharge on his mental health disorder that interfered with his ability to function effectively in the military environment.

Applicant also contends that if properly diagnosed, he would have been medically retired for his medical condition. This is beyond the purview of the Air Force Discharge Review Board to address these medical contentions, but if member would like a further review of this contention, member may explore his options with the Air Force Board of Corrections of Military Records.
The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief

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