AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00476	
					
GENERAL:  The applicant was discharged on 23 Feb 15 in accordance with AFI 36-3208 with a General discharge for Pattern of Misconduct.  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason.  The board was conducted on 11 Oct 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.    

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and training on mental health disorders.

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, to change the discharge narrative reason to Secretarial Authority, and to change 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 one Article 15, and one vacation of suspended nonjudicial punishment.  His misconduct included: failure to refrain from use of Government Travel Card when not on travel or in an official capacity; failure to refrain from falsely requesting eight permissive temporary duty house hunting days; and unlawful striking of spouse on the face with fist.
 
Due to evidence of a mental health condition found in the applicant’s medical record, the board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and/or 10 USC §1553.

The applicant contended the discharge was improper due to an appellate decision by the United States Court of Appeals that set aside the findings and sentence adjudged at a General Court-Martial.  The applicant believes the judge abused his discretion by allowing hearsay to be admitted at trial.

 The DRB reviewed the applicant’s entire service record and noted the applicant was not discharged as a result of the General Court-Martial.  The DRB determined that there was no evidence of impropriety or inequity because the discharged was based on the Article 15 and the vacation of suspended nonjudicial punishment.  The board concluded the seriousness of the applicant’s willful misconduct offset the positive aspects of his service.  

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

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 25 Oct 2018.  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