AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00408

The applicant was discharged on 4 May 2021 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions characterization and in lieu of trial by court-martial as the narrative reason.  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 14 December 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 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.  

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 his unit did not consider his situation at the time he was discharged.  He claimed he was facing a court-martial because a civilian lied.  He further claimed he felt he was wronged by his unit and his reputation was ruined so he accepted a Chapter 4 discharge in lieu of trial by court-martial.  The applicant further asserted he is suffering mental health issues as a result of his discharge.  

A review of the record revealed the applicant was charged with one charge of wrongful solicitation in violation of Article 82, UCMJ, one charge and two specifications of communicating a threat in violation of Article 115, UCMJ, and one charge and two specifications of extortion in violation of Article 127, UCMJ.  He submitted a Chapter 4 discharge request in lieu of trial by court-martial which was subsequently approved.  The Board concluded that the applicant made an informed decision when he requested the Chapter 4 discharge and that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  

CONCLUSION:  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.   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 16 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)