AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2019-00626 	
					
GENERAL:  The applicant was discharged on 24 Jan 08 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.  The board was conducted on 28 Jan 20.  

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.

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, one vacation of suspended nonjudicial punishment, five Letters of Reprimand, and two Records of Individual Counseling.  His misconduct included: failure to adhere to uniform standards; failure to go at prescribed time to appointed place of duty (x3); failure to obey a direct order; dereliction of duty (x2); failure to adhere to base driving laws. 

The applicant contended the discharge was inequitable because he was diagnosed with restless leg syndrome which contributed to the misconduct.  The applicant states that he was dealing with a cheating spouse, and also grieving the deaths of five family member so he took the early separation when offered.  The applicant believes that if his supervisors had fully investigated his issues, and tried to help him, then his time in the military would have been different.  The applicant insists that he was informed he could receive an upgrade after six months.  He is requesting the upgrade to be eligible for better employment, and to obtain access to benefits through the Department of Veteran Affairs.

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 board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.    

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 12 Feb 2020.  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)