AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  

CASE NUMBER

 FD-2019-00019
      					
GENERAL:  The applicant was discharged on 12 Jun 17 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Chapter 4, In Lieu of Court Martial.  The applicant appealed for an upgrade of his discharge characterization to General.  The board was conducted on 20 June 19.  

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 General.

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 violating curfew.

The applicant made no contentions that the discharge was inequitable/improper. He contends that the sexual assault case the court-martial was based upon was dropped.  The DRB noted that the applicant was charged with marijuana use and two specifications of sexual assault.  The applicant elected to request a discharge in lieu of court-martial knowing the characterization he could receive.  There was no impropriety or inequity in this process. 

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 Jun 19.  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