AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00425	
					
GENERAL:  The applicant was discharged on 9 Jun 09 in accordance with AFI 36-3208 with Under Other Than Honorable Conditions discharge for Misconduct (Other).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 17 May 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.    

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.

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 three Article 15s and one Letter of Reprimand.  His misconduct included:  failure to go (x2), disobeying an order that restricted him to base, driving a vehicle without a valid driver’s license, driving while intoxicated, and engaging in sexual contact with an incapacitated female without her permission (aggravated assault). 

The applicant contended the discharge was inequitable because his civilian aggravated assault charges were later vacated.  

The DRB noted that even though the applicant’s civilian charges were later vacated, that was not conclusive evidence that he did not commit the crime he was originally convicted of.  It 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 applicant’s serious misconduct was a significant departure from the conduct expected of all military members.  

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 22 Aug 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