AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00734	
					
GENERAL:  The applicant was discharged on 29 Mar 17 in accordance with AFI 36-3208 with a General discharge for Misconduct (Serious Offense).  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.  However, the board also voted unanimously to change the discharge narrative reason to “Misconduct (Other).”

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 for using indecent language and sexually touching a fellow Airman without her consent with the intent to gratify himself.  

The applicant contended the discharge was inequitable because it was based on just one incident during his career.  

The DRB recognized the applicant served approximately two years before his discharge was initiated and reviewed the entire service record, but concluded his misconduct offset the positive aspects of his service.  However, it determined the applicant’s misconduct did not rise to the level of a “serious offense” and therefore, his discharge narrative reason should be changed to “Misconduct (Other).” 

CONCLUSION:  The board found neither the evidence of record, nor that provided by the applicant substantiated an impropriety.  However, sufficient evidence existed to convince the board the discharge was inequitable.  Therefore, the board determined the applicant’s discharge narrative reason is more accurately described as “Misconduct (Other).”

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