AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00722	
					
The applicant was discharged on 30 Mar 07 in accordance with AFI 36-3209 with a General discharge for Commission of a Serious Offense.  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 11 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 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, 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 and counsel contend impropriety and inequity. They state that the member was involved in a volatile relationship. They explain that his girlfriend entered his apartment without permission and took his car keys. He proceeded to go to her workplace to retrieve the keys. The encounter resulted in a struggle and altercation that led to the girlfriend suffering injuries. The member plead no contest which resulted in a year of probation. He lost his civilian job and was discharged from the FL ANG as a result. They contend that the discharge was improper and state that a General discharge may not be given if the conduct that precipitated the discharge occurred while member was not on active duty. They continue… only if the conduct has an adverse impact on the effectiveness of the AF, including morale and efficiency, that it could be characterized by a General. The counsel states that the member was not on Active duty or ADT during this incident and that per the character statements, he did not cause adverse impact on the unit because he took it upon himself to ensure transition was seamless. The applicant and counsel also contend impropriety. They quote the Wilkie memo and state that the member should be afforded a second chance. They explain that he was involved in an unfortunate incident almost 15 years ago and has been rehabilitated. They continue to say that he serves as an academy principal and mentors at risk youth in the DC area. The applicant also wrote a personal statement. 

Upon review of the applicant’s service record, the DRB was not able to find any documentation regarding the discharge.  Since the board relies on the presumption of regularity, it concluded the discharge received by the applicant was appropriate.  It was pleased to see the applicant has been successful since leaving the Air Force.  However, the board reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant any changes to the discharge.  

If the applicant can provide the discharge package and 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 16 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)