AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00507	
					
The applicant was discharged on 27 July 2008 in accordance with AFI 36-3208 with a General discharge for Misconduct (Minor Infractions).  The applicant appealed for an upgrade of his discharge characterization to Honorable. 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.

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 and multiple Letters of Reprimand.  His misconduct included:  operating a motor vehicle while having a blood alcohol concentration above the legal limit; cited for driving 50 mph in a 40 mph zone; cited for driving 87 mph in a 70 mph zone; with intent to defraud, falsely made a signature of another to a community clearance housing letter, which, if genuine, apparently operate to the legal harm of another; failure to report to appointed place of duty; and failure to be present at his appointed place of duty. 

The applicant contended his discharge because he does not feel he was treated fairly during his discharge process. The applicant stated that he served honorably for a full term of service. He stated that he believed he was pushed out, treated unfairly and during the process, he was made an example of. He explained that the discharge happened so quickly that he didn’t have time to process what was happening. The applicant asserted he is 100% disabled and wishes to able to use all of the benefits. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. It determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The applicant had multiple occurrences of misconduct that resulted in the administrative and non-judicial punishment listed, as well as a civilian conviction, within a five month period of time. The Board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.    

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. There is no evidence the applicant had any MH conditions in service and there is no evidence a MH condition caused or mitigated the misconduct that led to the applicant’s 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 17 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)