AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00753	
					
The applicant was discharged on 25 Oct 18 in accordance with AFI 36-3208 with a General discharge for Misconduct (Serious Offense).  The applicant appealed for an upgrade of his discharge characterization to Honorable and a change to the discharge narrative reason.  The board was conducted on 9 Mar 21.  

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.    

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

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 an Article 15 and a Letter of Reprimand.  His misconduct included:  Absent without authority; failed to secure authorization for off duty employment; with intent to deceive, make a false official statement; unlawfully carried firearm, consumed alcohol while doing so.

Due to evidence of mental health condition/s / 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 member states that he was falsely accused of the crimes which was proven by the dismissed and acquitted charges. He explains that he risked his life for his safety and safety of others to disarm an active shooter but was arrested and charged with multiple crimes so ludicrous that all but 1 charge was dropped and that one charge he was acquitted from through trial. He states that he suffered a mental breakdown due to the case, his fiancée leaving, the uncertainty of his career as well as his future. He states that due to his mental incompetence, he neglected his duties as an Airman. He states 3 days later, his 1st sergeant found him at home and escorted him to mental health where he was placed in a limited privilege suicide prevention program. He states that following this, he was given the Article 15 and shortly after, he was recommended for separation. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board found that although charges from the incident in June 2018 were subsequently dismissed and/or acquitted, the remaining misconduct on the member’s record was significant and is sufficient to warrant the discharge received. It concluded that the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service. 

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 18 Mar 21.  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)