AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT CASE NUMBER FD-2019-00704 The applicant was discharged on 8 Sep 2017 with a Bad Conduct Discharge after being convicted of multiple assault offenses 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 board was conducted on 12 Feb 2020. Pursuant to 10 USC §1553, the board included a member who is a psychiatrist with 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 Under Honorable Conditions (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 was court-martialed on one charge and six specifications for physically assaulting two female Airmen. He was sentenced by judge alone to a Bad Confinement Discharge, confinement and reduction to Airman Basic. Due to evidence of a mental health condition found in the applicant's medical record, the board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and/or 10 USC §1553. The applicant made no contentions that the discharge was inequitable or improper. He states he has overcome his issues that led to his court-martial and has matured post-service. He requests an upgrade to his discharge characterization so that he may use his GI Bill benefits and buy a home. 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. 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 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 19 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)