AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00396

GENERAL:  The applicant was discharged on 15 March 2019 in accordance with AFI 36-3207 with an Under Other Than Honorable Conditions discharge in lieu of trial by court-martial.  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The Board was conducted on 2 December 2021. 

The applicant was not represented by counsel.  The applicant appeared and testified before the Discharge Review Board (DRB) via video teleconference using Zoom on 2 December 2021.  No witnesses were present.

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 or 3K.

DISCUSSION:  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.  

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 standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553.

The applicant contended the discharge was inequitable and improper because he was discharged for reporting fraudulent, abusive, and wasteful practices in the office he was assigned to.  He claimed he was charged with UCMJ violations as a result of his attempts to report the alleged fraudulent and wasteful practices.  He asserted he was obligated to take action as he was the assigned project program manager and was wrongfully removed from these duties.  He admitted he departed his duty station without authorization to seek the advice of counsel and was apprehended and returned to military control.  He denied being a deserter when attempting to gain entry into Canada the second time he was absent from his duty station.  He also admitted to receiving multiple mental health evaluations but denied having any mental health conditions.

A review of the military record indicated the applicant's security clearance was revoked after a series of violations.  He was also removed from his duties as a Joint Worldwide Intelligence Communications System (JWICS) Program Manager and ordered to stop all involvement with the program, an order which he violated.  After violating the order the applicant disappeared from the local area, and remained absent for 8 days until apprehended by civilian law enforcement.  Upon return to his duty station he was temporarily placed in pretrial confinement.  Upon release from pretrial confinement, the applicant's commander offered him an Article 15 for absence without leave and failure to obey a lawful order, in violation of Articles 86 and 92, UCMJ.  The applicant accepted the Article 15 and received punishment of forfeitures and a reprimand.  Approximately two months later the applicant fled his duty location a second time and attempted to seek asylum in Canada.  Canadian authorities denied his request and returned him to US customs and Border Protection (CBP).  He was released back to military control and was again placed in pretrial confinement.  Court-martial charges were preferred and the applicant submitted a Resignation In Lieu Of (RILO) trial by court-martial, which was approved and he was separated with a UOTHC discharge.  

The DRB found the applicant’s contentions regarding the impropriety and inequity of his discharge without merit.  The record indicates the applicant’s removal from his duties were for cause and were within the authority of the command.  On his own accord the applicant chose to violate the lawful orders of his command and knowingly chose to depart his duty station twice without authority leading to his placement in deserter status.  The DRB determined the applicant received due process and did not note any error or injustice.    

Additionally, a thorough review of the service record and input from the board’s psychiatrist/ psychologist, revealed the applicant’s mental health was evaluated and he was found fit for duty and to stand trial.  Furthermore, the applicant himself denied the presence of any mental health condition that mitigated his misconduct.  

CONCLUSION:  The Board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge.  The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  Therefore, the characterization of the discharge received by the applicant was deemed to be appropriate.  

The DRB results were approved by the board president on 10 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)