AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00502	
					
The applicant was discharged on 8 Jun 20 in accordance with AFI 36-3207 with an Under Other Than Honorable Conditions discharge for unacceptable conduct.  The applicant appealed for an upgrade of his discharge characterization to General/Honorable. The board was conducted on 8 Dec 20.  

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 General/Honorable and to change the discharge narrative reason to Secretarial Authority.

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 a General Court Martial.  His misconduct included:  attempt to commit a sexual act upon a person by unlawful force – finding - NG; Commit sexual contact upon a person by unlawful force – finding - NG; Grab and held a person’s body with hands and legs without express consent – finding - G; commit indecent conduct without consent – finding withdrawn; unlawfully strike an officer on the face with hand – finding - NG.

The applicant contends inequity and impropriety. He states that the underlying conduct is not congruent with other service members discharged under the same AFI. He continues to state that the discharge is inconsistent with standards of discipline in the Air Force and is not based on other factors such as quality of service. The member states the applicable Air Force regulations were not properly followed in the applicant’s discharge proceedings. He goes on to say that the Air Force did not follow its directives.

The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior. The board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members. 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 make a personal appearance before the DRB or 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 14 Dec 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)