AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00558	
					
SUMMARY: 

The applicant was discharged on 25 August 2009 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization. The Board was conducted on 27 January 2022.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on a records review only.

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. 

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 Article 15s.  His misconduct included: failed to refrain from driving a vehicle without a driver’s license; controlled vehicle while drunk; failed to refrain from driving off base; failed to obey a lawful order of being off base during restricted hours. 

The applicant stated that he was not given the opportunity to dispute or speak on his own behalf, regarding the discharge. He also stated that he was not given the opportunity to review or sign the DD214 prior to discharge. The member explained that the information on his DD214 is defamation of his character then and now. Lastly, he stated that the improper information displayed on the DD214 has caused hardships for employment and he is unable to use his VA benefits. 

The DRB determined that the applicant had the opportunity to respond during the discharge notification process. Although he may have not had the opportunity to speak, he was afforded the opportunity to submit statements as detailed on the notification memorandum. The member did in fact write a response to the discharge. The Board reviewed all documentation including the DD214. Although the member may not have had an opportunity to sign the document, the Board confirmed that it is accurate and proper. The DRB 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.

FINDING:  The DRB conducted a thorough review of the applicant’s records.  The actions taken by the applicant’s leadership regarding his discharge were appropriate.  Thus, the Board 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.

CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper. Therefore, the characterization of service shall remain a “General”, the narrative reason for separation shall remain Misconduct (Minor Infractions), and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 30 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)