AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00085	
					
FOR BCDs:  The applicant was discharged on 30 Jun 04 with a Bad Conduct Discharge after being convicted of a drug-related offense during a Special Court-Martial.

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, 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 Special Court Martial for wrongfully using cocaine.  

The applicant contended the discharge was inequitable because the characterization was too severe based on current procedures and punishments.  The board determined at the time, the characterization was not outside the norm for this type of drug abuse misconduct.  The applicant contended the discharge was inequitable because of work, stress and personal tragedies that mitigated the conduct.  The board determined there was insufficient evidence to determine that the applicant’s mental health had a direct impact on the applicant's misconduct or discharge. The applicant contended that his discharge was inequitable based on his letters of support, his records as a whole and post service achievements.  The board reviewed the evidence provided and noted that the letters of support were arguments for less jail time and not for his characterization.    The applicant contended that his discharge was improper because his sentence was overly severe and therefore constituted a prejudicial error.  The DRB reviewed the records and determined that his misconduct was a significant departure from the conduct expected from all military members; moreover, the unique circumstances of misconduct, to include misconduct immediately preceding his deployment, may have reasonably led the decision-makers at that time to decide that his punishment was warranted.  The board found no evidence to justify making any changes to the discharge.

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The characterization of the discharge received by the applicant was deemed to be appropriate.
 
CONCLUSION:  The DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge.

The DRB results were approved by the board president on 4 Sep 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