AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00601	
SUMMARY: 

The applicant was discharged on 5 December 2007 in accordance with AFI 36-3208 with a General discharge for Misconduct (Serious Offense). 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-only review.

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 a Letter of Reprimand and a Summary Court-Martial Charge Sheet. His misconduct included: wrongfully appropriated cable television by splicing into the third floor day room cable; negligently failed to refrain from operating a vehicle on public streets while driver’s license was revoked; negligently failed to refrain from  operating a vehicle on public streets without proof of insurance; willfully failed to refrain from possessing an open container of alcoholic beverage in a public place; willfully failed to refrain from operating a motor vehicle on public streets without current proof of vehicle registration; without authority, dispose of, by pawning, a computer system with a value of about $392.70, military property of the United States; without authority, dispose of, by pawning, a computer system with a value of $401.10, military property of the United States. 

The applicant contended the propriety of the circumstances surrounding his discharge.  He stated that the punishment and discharge were too harsh because of the challenges he faced at the time. He stated that at the time of the incident, he was going through financial hardship which caused him to make the mistake of theft. He stated the reason was in support of his growing family. The applicant stated that he has been a productive member of society since discharge and therefore believes an upgrade is deserved. Additionally, the applicant explained that during his time of hardship, he was not given the assistance or support from his chain of command as other Airmen were afforded. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Although the applicant claimed he experienced financial hardship that does not mitigate the acts of theft or the other driving related misconduct in the applicant’s records.  The applicant did not identify any other actions he took to remedy his situation in a legal manner.  The applicant was afforded opportunities to respond to and correct his misconduct prior to discharge actions and did not provide any evidence to the contrary. The Board 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 Board concluded the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career. 

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.
 
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 (Serious Offense)”, and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 2 February 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)