AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00276	
					
The applicant was discharged on 24 July 2006 with a Bad Conduct Discharge after an absent without authority and a missed movement conviction during a Special Court-Martial.

The applicant was represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 16 December 2021. 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. 

LIBERAL CONSIDERATION:  Due to evidence of a mental health condition found in the applicant’s medical record, the Board considered the case based on the liberal consideration (LC) standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553.  The Board included a member who is a physician, clinical psychologist, or psychiatrist.  The Board reviewed the four questions the Under Secretary of Defense provided that boards should consider when weighing evidence in requests for modification of discharges due in whole or in part to mental health conditions, including post-traumatic stress disorder (PTSD); Traumatic Brain Injury (TBI); sexual assault, and sexual harassment.  

FINDING:  The DRB voted unanimously to approve the applicant’s request to upgrade his discharge characterization to Under Other Than Honorable Conditions Discharge and the discharge narrative reason to “Secretarial Authority”. The Board voted unanimously to deny an upgrade to the reenlistment eligibility code.

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 a Special Court-Martial Charge sheet. His misconduct included:  Without authority, absented himself from his place of duty for approximately 4 days; through design, missed the movement of his deployment flight. 

The applicant and counsel contended that the member didn’t have proper guidance, discipline and leadership prior to entering into service. They stated that this caused him to rebel against simple instructions that came from authority. The member went on to explain that after years of counselling, he has become a productive citizen who models respect for authority, understands the role he plays in society to be a responsible example. The member concluded that he seeks an upgrade to further his journey, to contribute to his and others’ growth, and to use this experience in his life to promote making heathier and conscious choices.

CONCLUSION:  Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency if warranted.  The DRB reviewed the applicant’s entire service record and found sufficient evidence to grant the applicant’s request. Additionally, the Board considered the factors laid out in the attachment to the Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 June 2018, known as the “Wilkie Memo.”  

Although the conduct in this case is especially egregious in nature, the board noted that the conduct may have been youthful indiscretion.  The applicant took full responsibility for his actions and was remorseful. The applicant has had a positive and productive job history and has contributed to his community in the 15 years since his discharge.  The applicant identified and provided evidence to support the work that he is doing for his community, to help youth in similar situations to his upbringing, make positive choices for their future.  He requested the upgrade to further demonstrate the merits of hard work and a productive work ethic to the youth he assists.  The applicant provided character references from members of his community. The applicant has matured and has been successful in his post-military life despite having a punitive discharge. Therefore, the Board determined the overall characterization of the applicant’s service was more accurately reflected by an Under Other Than Honorable Conditions discharge and the discharge narrative reason was more accurately described as “Secretarial Authority.”  The Board did not change the reenlistment eligibility code.    

The DRB results were approved by the board president on 22 December 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)