AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00228	
					
GENERAL:  The applicant was discharged on 28 June 2018 in accordance with AFI 36-3209 with a General discharge for other serious offenses. The applicant appealed for a discharge characterization upgrade to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 28 September 2021.  

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.    
 
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.

DISCUSSION:  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 no documents of misconduct.

The applicant and counsel contend that the discharge was unduly harsh. The applicant stated that he was young, inexperienced, and had no idea about medical administration policies or laws governing prescription medication rebates. He stated that he was relying on his supervisor’s representations and positional authority for his decision making. The applicant continued to explain that he had a medical need, and received the medication through his long-time family doctor. He stated that he was never notified of any issues involving the company that sold the cream. The applicant also contended that the Wing Commander’s testimony at the separation board was inappropriate, unnecessarily intimidating, improper and unfair. The applicant explained that the Wing Commander had no knowledge of the member’s character or performance, but relied solely on the information in the AFOSI Report of Investigation (ROI). The applicant stated that he felt there were factual errors in the ROI, in that, the name of the cream was wrong and that he did not have an actual need for the cream. 

The DRB reviewed the applicant’s entire service record and testimony and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The facts presented showed that the negative aspects of the applicant’s service outweighed the positive contributions he made during his brief time in the Air Force.  Although the applicant stated he was misled by his supervisor’s decisions, and therefore deserved a second chance, the applicant’s actions demonstrated repeated willful misconduct.  The DRB found the nature of the applicant’s willful misconduct offset the positive aspects of his service.  

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 1 October 2021.  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)