AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00348	
					
The applicant was discharged on 19 Aug 2019 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.  The board was conducted on 29 Sep 2020.  

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using VIDYO Cloud Connect between Joint Base Andrews, MD, and applicant’s location on 29 Sep 2020.  No witnesses were present and testified on the applicant’s behalf.  

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.

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.  

Due to evidence of a mental health condition found in the applicant’s medical record, the board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and/or 10 USC §1553.

The applicant contended his discharge was inequitable.  He asserted his command was not able to make an informed decision and he had multiple commanders during the course of the investigation.  He further asserted the evidence against him was obtained without probable cause and that his case was mishandled by the OSI.  Finally, he claimed he made the decision to accept the discharge in lieu of trial by court-martial on the advisement of his counsel out of concern for his mental and physical health, and he did not believe he would receive a fair trial.

The military record reflects the applicant applied for a Chapter 4 discharge in lieu of trial by court-martial for wrongful use of cocaine.  After hearing the applicant’s testimony at the hearing, the Board concluded that he made an informed decision when he requested the Chapter 4 discharge and determined no evidence existed, nor was presented, to support his contentions.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  

CONCLUSION:  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.  Furthermore, 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 9 Oct 2020.  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)