AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00444

GENERAL:  The applicant was discharged on 14 June 2017 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Disciplinary Infractions).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The Board was conducted on 2 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.    

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 did not approve a change to 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 multiple Letters of Reprimand and Letters of Counseling.  His misconduct included:  dereliction of duty, failure to report for duty, sleeping on duty, and exceeding the maximum speed limit.  

The applicant contended the discharge was inequitable because he had undiagnosed sleep apnea at the time of his misconduct.  He asserts after realizing he had a problem he did his due diligence and sought treatment for his condition and was subsequently diagnosed with sleep apnea.  Therefore, he contended, based on his medical condition, he deserved to have his discharge upgraded.  The record indicates that the applicant was discharged in Jun 2017 for Misconduct after being counseled and reprimanded on multiple occasions for offenses related to sleeping on duty and failure to report to duty on time.  A review of the applicant’s medical record revealed he reported problems associated with sleep difficulties dating back to Dec 2014.  He was also prescribed medication that could potentially cause daytime drowsiness and trouble sleeping.  A sleep study was conducted and he was diagnosed with Complex Sleep Apnea and prescribed a Continuous Positive Airway Pressure (CPAP) machine to relieve his symptoms.  Therefore, the Board determined there was sufficient evidence in his records to corroborate the applicant’s contention that his medical condition mitigated his misconduct.    
 
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 characterization 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 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)