AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00434

The applicant was discharged on 10 March 2016 in accordance with AFI 36-3209 with a General discharge for Misconduct (Commission of a Serious Offense).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The Board was conducted on 4 January 2022.

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 approve the applicant’s request to upgrade his discharge characterization to Honorable and to change the discharge narrative reason to Secretarial Authority.  The DRB voted unanimously to deny changing the reenlistment eligibility code.

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 for conduct prejudicial to good order and discipline.

The applicant contended the discharge was inequitable because he was not afforded the opportunity to present his case to an administrative discharge board.  He claimed that based on advice from his counsel, he waived his right to a board hearing due to the fear of having his security clearance revoked and his employment as a DoD contractor terminated.  Therefore, he accepted a General discharge to maintain his clearance and employment.  He further contended his unit used the threat of revoking his security clearance to force him to accept the General discharge. He stated that he believed he would have most likely remained in the Air National Guard had he been able to present his case to a board.

A review of the record indicated the applicant received nonjudicial punishment for his involvement in a sexual act with other members while attending training.  The DRB determined there was no evidence that supported the applicant’s contention that he was coerced to waive his right to an administrative discharge board and that he was afforded his due process rights.  However, the DRB concluded, the evidence provided by the applicant and the evidence in the record indicated a General discharge characterization was inequitable.      

CONCLUSION:  The Board found neither the evidence of record, nor that provided by the applicant substantiated an impropriety.  However, sufficient evidence existed to convince the board the discharge was inequitable.  Therefore, the Board determined the overall characterization of the applicant’s service was more accurately reflected by an Honorable and the discharge narrative reason was more accurately described as Secretarial Authority.  The Board did not change the reenlistment eligibility code.    

The DRB results were approved by the board president on 6 January 2022.  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)