AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00277	
					
GENERAL:  The applicant was discharged on 16 Aug 2016 in accordance with AFI 36-3209 with a(n) Under Other Than Honorable Conditions discharge for Misconduct/Moral/Professional Dereliction - Other Serious Or Recurrent Misconduct.  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 10 Mar 2020.  

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.    

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable.

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 of the lack of core values by commanders, he was not provided adequate representation during the separation hearing, and was denied due process.  The applicant believes that his military legal counsel was subjected to unlawful command influence, unprepared for his hearing, lacked experience and availability to defend his case.  He believes the government attorney participated in obstruction by withholding evidence, perjury, and violating his privacy rights, which led him to hire outside counsel and pay for the out of pocket costs.  The applicant contends the adjutant general failed to substantiate the facts of the case prior to referring him for separation.

The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant’s misconduct was a significant departure from the conduct expected of all military members.  

Upon review of the applicant’s service record, the board was not able to find any documentation regarding the discharge.  Since the board relies on the presumption of regularity, it concluded the discharge received by the applicant was appropriate.  

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 27 Apr 20.  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
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief (Applicant Only)