AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00142	
					
The applicant was discharged on 27 Mar 20 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, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 22 Sep 21.  No witnesses were present to testify on the applicant’s behalf. 

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’s record of service included Letters of Reprimand.  His misconduct included:  Made a false official statement; committed aggravated assault with a deadly weapon by brandishing a loaded firearm at multiple individuals with a bullet in the chamber, while intoxicated; assault consummated by battery by biting individual on his stomach; drinking under the age of 21; allowed fellow wingman to drive while intoxicated. 

The applicant and counsel contend that the defense of Self-Defense was not properly presented and considered by the separation authority. They explain that the member was repeatedly attacked which gave him the right to self-defense and this was not communicated. They state that the applicant did not know the Airman who drove him was intoxicated and nor did his friend who also rode in the car. Additionally, the applicant and counsel provided a signed letter from the driver confirming that fact. The applicant and counsel conclude that the separation cannot be based on the accusations present on the Letters of Reprimand because the member did not commit the alleged violations. The applicant requested the Board consider his case so that he may use the GI bill.  

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Due to the lack of evidence, such as witness statements and reports, the Board relied on the presumption of regularity in this case. The Board understood the applicant’s present service characterization renders him ineligible for Department of Veterans Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  
 
If the applicant can provide additional information to substantiate his contentions, the Board recommends he exercise the right to directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records.  
Instructions on how to appeal to AFDRB or AFBCMR can be found at https://afrbaportal.azurewebsites.us

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 23 Sep 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)