AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00431	
					
GENERAL:  The applicant was discharged on 1 Dec 14 in accordance with AFI 36-3207 with a General discharge for In Lieu of Trial by Court-Martial.  The applicant appealed for an upgrade of his discharge characterization to Honorable, and a change to the discharge narrative reason.  The board was conducted on 16 Aug 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 and to change the discharge narrative reason to Secretarial Authority.

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 contended the discharge was inequitable because the circumstances surrounding his discharge were too harsh.  The applicant accepts responsibility for his actions; however, he points to a precedent of 34 similar cases where 29 only received non-judicial punishment as evidence of the punishment being too harshly.   

The board found the applicant was charged with engaging in an unprofessional relationship with an enlisted member, and committing adultery and recommended for court-martial.  The DRB determined the applicant requested a Resignation In Lieu of Trial by Court-Martial (RILO) as a result of the pending charges.  The DRB determined that the administrative actions taken by the chain of command in this case were not too harsh, and concluded the seriousness of the applicant’s willful misconduct offset the positive aspects of his 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 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