AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00729	
					
The applicant was discharged on 15 Mar 2019 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions (UOTHC) discharge in lieu of trial by court-martial.  The applicant appealed for an upgrade of his discharge characterization to Honorable or General.  The board was conducted on 
25 Feb 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.    

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 or 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 contended the discharge was inequitable and/or improper because he was not found guilty of anything.  The applicant, submitted to a random urinalysis through the Drug Demand Reduction Program, which tested positive for both cocaine and marijuana.  Based on the positive urinalysis test, his command preferred one charge and two specifications of wrongful use of a controlled substance, in violation of Article 112a, UCMJ.  The charges were referred to a special court-martial, and the applicant submitted a Chapter 4 request for discharge in lieu of trial by court-martial.  The convening authority approved the Chapter 4 request and he was discharged with a UOTHC service characterization. 

In the applicant’s request for discharge in lieu of court-martial, dated 6 Feb 2019, he stated he was aware he may be discharged with a UOTHC service characterization, and was aware of the adverse nature of such a discharge.  The Board concluded that the applicant made an informed decision when he requested the Chapter 4 discharge and that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the 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 3 Mar 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)