AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2017-00503	
					
GENERAL:  The applicant was discharged on 02 Nov 15 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Misconduct (CIVIL CONVICTION).  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 1 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 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 3 to 2 to approve the applicant’s request to upgrade his discharge characterization to General, voted unanimously to change the discharge narrative reason to Misconduct.

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 improper because the discharge was based a civilian conviction that had been vacated and overturned.    

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 Under Other Than Honorable discharge was improper.  Therefore, the board determined the overall characterization of the applicant’s service was more accurately reflected by a General discharge and the discharge narrative reason was more accurately described as “Misconduct.” 

The DRB results were approved by the board president on 21 Nov 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