AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00770	
					
The applicant was discharged on 26 Jun 19 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 Honorable and a change to the reenlistment eligibility code.  The board was conducted on 25 Feb 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.    

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 / 3K.

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 states that he would like to have this action reversed and the discharge upgraded. The member states that he never received any form of discipline, not even an LOC. He states he was accused of adultery with an Airman who had been in trouble many times before. He states there was no evidence to prove her story but his commander decided to refer the case to court-martial. The member explains that during the time of investigation, there was a suicide in the unit and the CC was with the family of the deceased and was given the report via email. He states that once the attorneys did their own investigation, they offered a chapter 4. The member states he decided to take the chapter 4 because of the risk of losing the argument, however small, would result in a federal conviction and possible confinement. He states he was happily married with children and could not take that risk. 

The DRB recognized the applicant served 12 years before the discharge was initiated and reviewed the entire service record, but concluded 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.
 
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 2 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)