AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00037	
					
GENERAL:  The applicant was discharged on 28 Oct 2013 in accordance with AFI 36-3208 with a(n) 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.  The board was conducted on 19 May 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 and to change the discharge narrative reason to Secretarial Authority. 

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 because the nature of his service to this country was Honorable during his time in service.  He states that the misconduct was an isolated incident and that it was not a reflection of his character or his relationship.  Since the incident, the applicant and his spouse have grown stronger and he has become a better person by working on moving forward.  He also notes that he developed an autoimmune disease while in service but was not diagnosed until he was discharged, which led him to be sick to the point of death and believes that his misconduct could have been related this.  He would like his characterization be changed so that he can provide his children his GI Bill and utilize other VA benefits.

The DRB took note of the applicant's duty performance as documented by his performance reports, awards and decorations, and other accomplishments.  The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board understood the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs benefits.  The DRB recognized the applicant served 05 years before the discharge was initiated and reviewed the entire service record, but concluded the seriousness of the applicant’s willful misconduct offset the positive aspects of his service.  The DRB determined that, through the administrative actions taken by the chain of command in this case, that the applicant’s misconduct was a significant departure from the conduct expected of all military members.  

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 30 May 20.  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)