AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00291	
					
The applicant was discharged on 23 March 2021 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 26 October 2021.  

The applicant initially chose to have a personal appearance before the Discharge Review Board (DRB), but due to the untimely response from the applicant/counsel in regards to scheduling the appearance, the President of the AFDRB authorized to complete its review of the discharge, per DOD 1332.8, E3.2.6.2.  The applicant did not have a prior records only review, therefore, the board deemed him eligible for one.  

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. 
  
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 multiple Letters of Reprimand, a Letter of Counseling, and multiple Records of Individual Counseling.  His misconduct included: late to meeting; failed to read emails; failed to establish connection; failed to notify leadership of issues; failed to shave facial hair IAW AFI and medical waiver, specifically, the member’s hair was shaped and he had a goatee; failed to go at the time prescribed; absent without leave; made a false official statement that he was at work already; failed to turn in overdue protective gear; made a false official statement that it was turned in; violated COVID policy to wear mask while in gym; attended party and did not follow COVID guidance.

The applicant and counsel contend impropriety and inequity. They state that the required notification procedures were not followed and multiple bases of separation considered by the separation authority are not supported by the greater weight of evidence. They also state that the member’s infractions were minor and do not warrant separation, and typically would not be grounds for separation of similarly situated Airmen. Specifically, they explain that the notice of separation was legally deficient and there were numerous procedural errors that affected the fair process of the separation.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. It determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The Board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career. The board did not find anything legally deficient within the discharge, thus the discharge the applicant received was deemed to be appropriate.   

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 26 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)