AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00330	
					
The applicant was discharged on 21 May 2014 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 applicant was represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 2 November 2021.  No witnesses were present to testify on the applicant’s behalf. 

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist/ psychologist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and training on mental health disorders.

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 a multiple Letters of Reprimand and a Letter of Counseling.  His misconduct included:  reported late for work; failed to report for scheduled medical appointment; assaulted girlfriend by placing hands around throat and squeezing, restricting breath for approximately 10 seconds, and failed to go to maintenance orientation class. 

Due to evidence of mental health conditions found in the applicant’s medical record, the Board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and/or 10 USC §1553.

The applicant and counsel state that the appeal is based on three errors: The underlying basis of separation was procedurally defective at the time of discharge; the adverse action and discharge were unfair at the time; and the General discharge is inequitable. 

The DRB reviewed the applicant’s entire service record and considered all statements during the personal appearance, but found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The applicant stated during his testimony that the charges against him had been dismissed, however, the documents provided in his records indicated that he plead guilty to a Class A Misdemeanor Assault charge. The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service. 

After a thorough review of the service record and inputs from the Board’s psychiatrist/ psychologist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

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 3 November 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)