AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00365	
					
The applicant was discharged on 23 March 2020 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Misconduct (Serious Offense).  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 19 October 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 not represented by counsel.    

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 an Article 15, a Letter of Reprimand, and a Letter of Counseling.  His misconduct included: Caused another Airman to touch, directly or through clothing, his penis, with her hand, with intent to gratify his sexual desire without her consent; consumed alcohol under the age of 21; failed fitness assessment.

The applicant stated that he was discharged for being accused of a sexual assault that he did not commit. He explained that he already had mental health issues and his MEB was discontinued due to his leadership seeking a quicker way to get him out. The member states that his mental health was not up to par to be able to fight the accusation, therefore he waived all rights and went home. 

The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The Board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members. The member failed to provide sufficient evidence to overcome the preponderance of evidence in this case. The characterization of the discharge received by the applicant was deemed to be appropriate.
 
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 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)