AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00454	
					
GENERAL:  The applicant was discharged on 11 Feb 13 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 board was conducted on 13 Sep 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 aided in preparation 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 approve the applicant’s request to upgrade his discharge characterization to Honorable, and to change the discharge narrative reason to Secretarial Authority.  The DRB voted unanimously to deny a change to the reenlistment eligibility code to 3K.

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 two Letters of Reprimand, and a guilty finding for a Summary Court-Martial.  His misconduct included:  wrongfully appropriated two government laptops; failure to refrain from playing video games on duty with government equipment; failure to go at the time prescribed to appointed place of duty.  

The applicant contended the discharge was improper because he completed the full six year enlistment.  The applicant states that upon release from confinement, he completed enough good time to be separated on his date of separation.  He insists that extending him beyond his enlistment for the purpose of an administrative discharge violates AFI 36-3208 paragraph 2.8.  The applicant is requesting the change to the narrative reason because he believes that it is erroneously listed as misconduct, and should reflect the fulfillment of his enlistment.  

The DRB reviewed the entire record and determined the applicant was not extended for the sole purpose of the administrative discharge, but to allow sufficient time for the appellate process.  However, the DRB found that an error of procedure exists associated with the discharge at the time of issuance.  In accordance with AFI 36-3208 paragraph 6.2.2.2., the applicant had 6 years or more of total active and inactive military service prior to the court-martial proceedings.  However, at the time of issuance his time in service did not account for six months of delayed enlistment time.  The miscalculation of the applicant’s time in service led to the applicant being denied the opportunity to meet an administrative discharge board.  The board concluded the rights of the applicant were prejudiced and relief is warranted.    

CONCLUSION:  The board found neither the evidence of record, nor that provided by the applicant substantiated any inequity.  However, sufficient evidence existed to convince the board the discharge was improper.  Therefore, the board determined the overall characterization of the applicant’s service was more accurately reflected by an Honorable and the discharge narrative reason was more accurately described as “Secretarial Authority.”  The board did not change the reenlistment eligibility code.    

The DRB results were approved by the board president on 19 Sep 18.  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
1500 West Perimeter road, Suite 3700
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief