AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2018-00096 	
					
GENERAL:  The applicant was discharged on 28 Jul 17 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 reenlistment eligibility code.  The board was conducted on 30 Oct 18.  

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Joint Base Andrews, MD, on 30 Oct 18.  A witness was present and testified on the applicant’s behalf.  The following additional exhibits were submitted at the hearing:  character reference letters.  

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 on the change of the narrative reason.  However, the board voted 4 to 1 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 two Letters of Reprimand, and three Letters of Counseling.  His misconduct included:  failure to refrain from using obscene language in a training class; failure to maintain dormitory room for inspection; failure to report to mandatory weekend study; failure to complete mandatory homework assignment; and failure to report mandatory study. 

The applicant made no contentions that the discharge was inequitable or improper.  The applicant accepts responsibility for the actions that resulted in the discharge.  The applicant maintains that he was dealing with some familial issues.  He stated that the uncle who raised him, and his grandmother were both very ill and caused him to lose focus.  The applicant and his witness both testified that he was given authority to miss the mandatory weekend study because his mother was visiting.  He states that he has maintained employment since his discharge, and is requesting the upgrade in order to return to military service.    

The DRB found that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The board considered the illness of the applicant’s uncle and grandmother, the testimony of the witness regarding the failure to report to mandatory weekend study, and the character letter from the Airman in question regarding the obscene language as mitigating factors for the applicant’s ability to serve.  The DRB concluded that family and personal problems could have affected the applicant’s ability to serve satisfactorily.  

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 of the possibility of inequity.  While the board did not determine it rose to the level of warranting a change to the discharge characterization of narrative reason, it did determine the reenlistment eligibility code was more accurately reflected as 3K. 

The DRB results were approved by the board president on 9 Nov 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