AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00078	
					
The applicant was discharged on 25 Jan 06 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, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 6 May 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 contends the discharge was improper due to inadequate representation. He explains that although he was provided counsel, he never met counsel in person and he did not do a thorough in-person investigation to ensure his innocence was proven. He contends that the discharge was also inequitable because it was based on a decision to request a discharge in lieu of court-martial without being provided all information from counsel and the investigation findings. The member states the discharge was requested at the instruction of counsel with the only alternative being prison. The member states the discharge does not fit the offense. He explains that he did not commit the crime that he was accused of and that the only offense he committed was that he had an affair which was an offense that others did not receive an unfavorable discharge.

The DRB found insufficient evidence to grant the applicant’s request. It reviewed the member’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  Additionally, the applicant did not provide any substantiation to the contention that the defense counsel was inadequate.  In fact, his memorandum requesting discharge on 24 December 2005, the applicant clearly acknowledges that he understood the elements of the offenses which he was being charged and was afforded the opportunity to consult with legal counsel.  The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The characterization of the discharge received by the applicant was deemed to be appropriate.

The Board recommends the applicant exercise his right to directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records by requesting clemency based on post-service activities and accomplishments.
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 19 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 an AFDRB decision can be found at 
https://afrbaportal.azurewebsites.us

Attachment:
Examiner's Brief (Applicant Only)