AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00326	
					
The applicant was discharged on 16 May 06 with a Bad Conduct Discharge after being convicted of a drug-related offense during a Special Court-Martial. The Board was conducted on 21 Oct 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 her 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 a Special Court-Martial. Her misconduct included: stated she had not used any illegal drug upon enlistment, when in fact, she used cocaine on divers occasions; Wrongful use of cocaine. 

The applicant states that the discharge was inequitable and base on an isolated incident in 46 months of service. The member states that her discharge date was involuntarily extended and then officially separated almost 2 years later. She states that she accepts responsibility, however a momentary lapse in judgment does not reflect her over character of service. She explains that her current discharge resulted in loss of the G.I. Bill, VA and other benefits. She states that she paid for the mistake with confinement, $200,000 student loan debt and many other ways. 

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. It further considered this application by reviewing all the criteria listed in the Jul 25, 2018 USD Guidance Memo known as the "Wilke memo" but found insufficient evidence to grant the applicant's request.  The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of her military service.  The characterization of the discharge received by the applicant was deemed to be appropriate.
 
The Board recommends the applicant exercise her 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 DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge.

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