AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00530	
					
GENERAL:  The applicant was discharged on 28 Mar 18 in accordance with AFI 36-3208 with a(n) General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 10 Oct 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.    

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and training on mental health disorders.

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.

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 several Letters of Counseling and Reprimand.  The misconduct included: failure to adhere to customs and courtesies / go to prescribed appointed place of duty / report for mandatory uniform inspection; made sexually inappropriate comments to another; wrongful use and possession of cocaine.

The applicant contends that the discharge was inequitable and improper.  He believes it was improper because he requested a lawyer numerous times while being interrogated by OSI and it was never provided.  He insists that he was investigated for drug abuse but he never used drugs and passed every drug test.  He states that he was falsely accused when another airman was arrested and saw the applicant at the bar.  The applicant states that the discharge was inequitable because he was reprimanded by his leadership when he reported incidents of sexual harassment, hazing and bullying by another group of service members while in training.    The DRB determined 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 DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. It found the seriousness of the applicant’s willful misconduct offset the positive aspects of his service.  

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

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 10 Jan 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