AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2016-00530	

GENERAL: The applicant was discharged on 31 Dec 14 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions (UOTHC) discharge in lieu of trial by court martial. The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Joint Base Andrews, MD, on 30 Nov 17. No witnesses were present to testify on the applicant’s behalf and no additional exhibits were submitted at the hearing.

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 Honorable. It also voted to not change his discharge narrative reason or 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.

The applicant’s record of service included a request for discharge in lieu of trial by court-martial for misconduct that included attempted extortion and impeding a government investigation.

The applicant contended the discharge was inequitable because it was based on one isolated incident during his 14-year career, with no other adverse actions.

The DRB recognized the applicant served over 14 years and had a stellar career prior to the misconduct that led to his discharge. It took note of his outstanding duty performance and accomplishments as documented by his performance reports, awards, and decorations. As the applicant contended, the service record did not indicate any adverse actions were taken against him prior to the misconduct that led to his discharge.
However, the board found the applicant’s misconduct to be extremely egregious as he abused a high profile special position of trust and then lied about it, violating the first Air Force Core Value of “Integrity First.” The board noted the definition for a UOTHC service characterization included in AFI 36-3208 specifically cites “abuse of a special position of trust” as an example of behavior that constitutes a significant departure from the conduct expected of Airmen. The board concluded the seriousness of the applicant’s willful misconduct offset the positive aspects of his otherwise noteworthy service.

CONCLUSION: The board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge. Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved.

The DRB results were approved by the board president on 14 Dec 17. 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