AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00639	
					
SUMMARY: 

The applicant was discharged on 25 February 2016 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for a change to his reenlistment eligibility code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 19 April 2022.  No witnesses were present to testify on the applicant’s behalf.  The applicant was not represented by counsel. 

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 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 multiple Letters of Reprimand and Counseling.  His misconduct included:  assault upon a child, failure to go, sleeping on duty, and dereliction of duty.  

The applicant contended his discharge was inequitable. He asserted that his misconduct was minor in nature and did not warrant discharge.  He further asserted his unit singled him out, labeled him as a troublemaker, and did not provide him proper guidance.  The applicant acknowledged his misconduct and attributed it to being young and immature.  He accepted responsibility for his actions, and said that he has learned from his mistakes.

A review of the applicant’s record revealed he had several instances of misconduct that resulted in multiple Letters of Reprimand and Counseling.  He was also convicted, in civilian court, of offensive touching by spanking a child hard enough to leave visible bruises.  The applicant was sentenced to probation which also prevented him from continuing on a scheduled deployment.    

The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.  Therefore, the DRB found the applicant’s contention without merit and did not find any evidence of impropriety or inequity.   

FINDING:  The DRB voted unanimously to deny the applicant’s request to change his reenlistment code to 2C or 3K.  The DRB also voted unanimously to deny upgrading his discharge characterization to Honorable or changing the discharge narrative reason to Secretarial Authority.

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.  Therefore, the awarded characterization of service shall remain, the narrative reason for separation shall remain, and the reentry code shall remain.  The AFDRB results were approved by the board president on 22 April 2022.  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)