AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00673	
					
The applicant was discharged on 9 Mar 20 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge In Lieu of Trial by Court Martial.  The applicant appealed for an upgrade of his discharge characterization to General/Honorable.  The board was conducted on 4 Feb 21.  

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.    

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist/ psychologist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and 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 General/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 he was falsely accused of sexual assault which led to his discharge. He explains that there was no evidence of the victim being sexually assaulted nor witnesses to validate the allegation. He continues to say that the only corroborating witness statement contradicted and did not align with the victim’s statement. The applicant states that he has provided all text message evidence between his self and the victim, however the text and photos were omitted prior to the Art 32 hearing. He states that those messages refuted the victim’s statement concerning communication and physical interaction after the alleged assault. He explains that the messages are evidence of two physical interactions in which the victim and himself trained on martial arts alone. He goes on to state that the case was improperly handled and allowed this case to go to trial. He concludes that he regrets accepting the chapter 4 agreement due to his mental standing. 

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/ psychologist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.
If the applicant can provide additional information to substantiate his contentions, the board recommends he exercise the right to make a personal appearance before the DRB or directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records.  

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 4 Feb 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)