AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2020-00097	
					
GENERAL:  The applicant was discharged on 20 Jul 2017 in accordance with AFI 36-3208 with a(n) General discharge for Misconduct (Serious Offense).  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, a change of his Separation Designation Code and a change to the reenlistment eligibility code.  The board was conducted on 21 Apr 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, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 3K.

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’s record of service included one Article 15.  His misconduct included:  touched through the clothing the breast of another Airman without consent to gratify sexual desire; touched another Airman without consent on the breast and buttocks through her clothing with intent to gratify sexual desire. 

Applicant contends his discharge was improper as he was unjustly accused of sexual assault and was unfairly treated by OSI. His command did not take into consideration the numerous character statements provided in his response to his Art 15 and informed him that if he chose to go to court martial he would definitely lose. Since his discharge he has shown model behavior and attitude.

The DRB concluded 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 xx Aug 17.  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)