AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2017-00421	

GENERAL: The applicant was discharged on 1 Apr 15 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization to Honorable and a change to the discharge narrative reason.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference between Joint Base Andrews, MD, and Joint Base San Antonio-Randolph, TX on 4 Dec 17. No witnesses were present or testified on the applicant’s behalf. Additional supporting documents were submitted at the hearing and considered by the board.

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 approve the applicant’s request to upgrade his discharge characterization to Honorable. It also voted to change the discharge narrative reason to “Secretarial Authority” and the reenlistment eligibility code to “2C.”

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 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 three Letters of Reprimand and one Letter of Counseling. His most significant misconduct included: making a false statement (x2), disobeying a direct order, entering an unauthorized work area, insubordinate conduct, and being derelict in his duty performance.

The applicant contended his supervisor created a hostile work environment and his discharge was initiated shortly after he was promoted to Senior Airman, which was not logical. The applicant submitted a number of memoranda from individuals advocating on his behalf. They supported his contention that his supervisor created a hostile work environment and seemed to be determined to ensure the applicant was discharged from the Air Force.

The board reviewed the entire service record and determined the memoranda submitted by the applicant bolstered his contentions. The board specifically noted character references from noncommissioned officers the applicant was accused of being insubordinate to, as well as a letter of recommendation from his squadron commander, written after he was discharged. The board also noted the following timeline: his last misconduct occurred in Oct 14, he was recommended for and promoted to Senior Airman by his squadron commander in Feb 15, and discharged in Apr 15. The board concluded the discharge was inequitable based on actions by his supervisor which constituted a clear abuse of authority, and although not amounting to prejudicial error, contributed to the decision to discharge the applicant and the characterization of his service.

CONCLUSION: The board found neither the evidence of record, nor that provided by the applicant substantiated an impropriety. However, sufficient evidence existed to convince the board the discharge was inequitable.  Therefore, the board determined the overall characterization of the applicant’s service was more	

accurately reflected as Honorable, the discharge narrative reason should be changed to “Secretarial Authority,” and the reenlistment eligibility code should be “2C.”

The DRB results were approved by the board president on 15 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