AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00038	
					
The applicant was discharged on 20 Oct 12 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  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 29 Apr 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 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 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’s record of service included an Article 15, a vacation of suspended non-judicial punishment, and a couple of Letters of Counseling.  His misconduct included:  Failed to pay debt of GTC; consumed alcoholic beverage while on call; did not report training cert or reset password in AFTR; did not report to work as directed to complete training/sign AFTR record.

The applicant and counsel contend that the basis of separation was procedurally defective, the adverse actions were unfair at the time and the discharge is inequitable now. They state that the member was subject to ineffective assistance of counsel and should have been evaluated for potential behavioral health issues as he had minor signs of self-medication. They also contend that he was young and need of personal mentoring. 

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 recognized the applicant was 24 years old when the discharge took place, but noted he was no younger than the vast majority of first-term Airmen who properly adhere to Air Force standards of conduct.  The Board also noted that this misconduct occurred in Korea where readiness is emphasized.  The DRB concluded the seriousness of the applicant’s willful misconduct offset the positive aspects of his service.

After a thorough review of the service record and input from the board’s psychiatrist/ psychologist, there was no evidence of any mental health issues at the snapshot in time of service.  His personal testimony of depression and insomnia causing his behaviors is also not sufficient to support his request for an upgrade. These mental health conditions could not explain most of his misconduct and there is no evidence there was any error with his discharge from service. 
 
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 10 May 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  

Instructions on how to appeal to AFDRB or AFBCMR can be found at https://afrbaportal.azurewebsites.us

Attachment:
Examiner's Brief (Applicant Only)