AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2019-00732	
					
The applicant was discharged on 17 Dec 2012 in accordance with AFI 36-3208 with a General discharge for Misconduct (Serious Offense).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  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.

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 tried at a General Court-martial on one charge and specification of conspiracy to commit an offense, Article 81, UCMJ; one charge and two specifications of selling military property and of damaging military property, Article 108, UCMJ; one charge and specification of wrongful receipt of military property, Article 134, UCMJ; and one charge of assault, Article 128, UCMJ.  The applicant pled guilty, and was found guilty of all charges and specifications.  He was sentenced by a panel of officer and enlisted members to 90 days confinement, 45 days hard labor without confinement, forfeitures of pay, and reduction to E-2.  Based on the court-martial conviction, he was administratively discharged for misconduct.

The applicant made no contentions that the discharge was inequitable and/or improper.  The applicant stated he has grown up and matured since his court-martial and has learned from his mistakes.  The DRB recognized the applicant was 21 years old when the discharge took place, but noted he was no younger than the vast majority of first-term Airmen who properly adhere to Air Force standards of conduct.  It found the seriousness of the applicant’s willful misconduct offset the positive aspects of his service.

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 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)