AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2020-00642	
					
The applicant was discharged on 29 May 15 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for In Lieu of Trial by Court Martial.  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 12 Jan 21.  

The applicant was not represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using VIDYO Cloud Connect on 12 Jan 21. No witnesses were present to testify on the applicant’s behalf. 

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 General or Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C / 3K.

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 states that the discharge was processed in error and should not have been prematurely released from service. The member states that he was falsely accused of sexual assault. He goes on further to say that a year prior, the same person made accusations against another Airman, refused to testify and the case was subsequently dismissed. He states that the reason he brought this up is that the previous accusation was dropped due to her not testifying and lack of evidence. The member states that he requested chapter 4 separation due to influence of his JAG attorney. He states that during the investigation, he was removed from his position and threatened with jail time. At his age, he thought he should take the only guarantee he had. The member states that he feels he was not properly represented and that he was not informed the victim was not going to testify. He feels that the case should have been dropped. He goes on to state that he was wrongfully released out of interest of the Air Force saving time and money. The member states that he’s not requesting an upgrade for VA benefits and a General wouldn’t help him but he wants the opportunity to reenlist within another branch.

The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members. The characterization of the discharge received by the applicant was deemed to be appropriate.

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. 

If the applicant can provide additional evidence to substantiate his contentions, the board recommends he exercise the right to directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records. 

The DRB results were approved by the board president on 22 Jan 21.  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)