AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2016-00526	
					
GENERAL:  The applicant was discharged on 27 Feb 15 with a Bad Conduct Discharge after being convicted during a Special Court-Martial.  The applicant appealed for an upgrade of his discharge characterization to General, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 18 Jan 18.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  The applicant was not represented by counsel.    

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and training on mental health disorders.

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. 
  
FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to General, to change the discharge narrative reason, and to change the reenlistment eligibility code. 

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.  

Due to evidence of multiple mental health conditions diagnosed during his service, the board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and/or 10 USC §1553.

The applicant’s record of service included a Special Court-Martial conviction on three counts, one Article 15, and three Letters of Reprehend.  His misconduct included:  stealing Air Force property, making a false official statement with the intent to deceive a SNCO, stealing money and property from another Airman, stealing property from a service member from another branch, striking someone in the chest, torso, throat, and head, failing to report for scheduled training on time multiple times, connecting a personal cellular phone to a government computer, failing to properly account for tools, and being disrespectful to an NCO and SNCO.  

The applicant contended the discharge was inequitable because it was based on one isolated incident in 3 years of service with no other adverse actions.  

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  The DRB reviewed the applicant’s entire service record and found no evidence to support granting the applicant’s request.  The board found the extremely negative aspects of the applicant’s criminal behavior and willful misconduct far outweighed any positive aspects of his military service. 

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

CONCLUSION:  The DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge.

The DRB results were approved by the board president on 2 Mar 18.  If desired, the applicant can request a list of the board members and their votes by writing to:  SAF/MRBR (CITU), 550-C Street West, Suite 41, Randolph AFB, TX  78150-4743.
  
Attachment:
Examiner's Brief