AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00439	
					
The applicant was discharged on 5 Feb 2018 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Misconduct (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 1 Oct 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 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.

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, through counsel, the discharge was inequitable and procedurally defective based on errors including:  the underlying basis was procedurally defective at the time of his discharge; the adverse actions, including the discharge were unfair at the time; and the UOTHC characterization was inequitable and should now be reviewed in light of the subsequent jury verdict of simple assault. 

A review of the military record revealed the applicant was charged in NC on several counts of felony physical assault on his children.  He was found not guilty of the felony assault charges but was found guilty of misdemeanor assault, and was sentenced to 18 months unsupervised probation.  His command initiated administrative discharge action against him and he exercised his right to an administrative discharge board hearing.  The board recommended he be discharged with a UOTHC service characterization for commission of a serious offense.  The board also recommended Probation and Rehabilitation, however the Convening Authority did not approve him for retention.  He then applied for Lengthy Service Probation which was also denied and his discharge was executed.   

The Board determined the applicant’s contentions were without merit and there was no evidence of procedural errors.    The Board concluded the offenses the applicant was convicted of brought discredit to the Air Force and when weighed against the overall record of performance, warrant the characterization of discharge received.

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 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)