AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00387	
					
The applicant was discharged on 26 Jun 15 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 20 Oct 20.  

The applicant was not represented by counsel.    

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 home address on 20 Oct 20.  No witnesses were present and testified on the applicant’s behalf.  

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, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C.

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 contends the discharge was improper because he was falsely accused by his ex-wife, and coerced by ADC not to fight the accusation without evidence of wrongdoing.  The applicant states that he and his ex-wife argued and she attempted to provoke him numerous times to hit her but he maintains he never physical responded.  He states that he was surprised to receive a call from the chaplain, and subsequent interrogation regarding a false claim incident a week later.  The applicant states that his request for an attorney was denied, and he was forced to sign a confession that was not accurate.  The applicant states he was never briefed on the difference between a court-martial and a Chapter 4 request, and the lack of representation resulted in the signing of a Chapter 4 request.  He insists that after he signed the confession, he went to the ADC who informed him that he would be discharged.  The applicant believes that he was presumed guilty from the beginning.

The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request. It found the seriousness of the applicant’s willful misconduct offset the positive aspects of his 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 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 20 Oct 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)