AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00009	
					
SUMMARY: 

The applicant was discharged on 6 March 2015 in accordance with AFI 36-3209 with a General Discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization.

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 multiple Article 15s.  His misconduct included:  Sleeping on post as a sentinel and failed to refrain from using GTC for unauthorized purchases. 

The applicant contended that the punishment given was unfair and was done to send a message. He stated that his actions deserved punishment inside the Air Force, not to the point that it destroyed his career.

The DRB determined that although the discharge was legally sufficient at the time, it was harsh. The Board decided a General discharge was not warranted given the applicant’s quality of service and the minor nature of the offenses. Additionally, the member has suffered the consequences of his actions for the last 7 years since his discharge. 

Additionally, the Board considered the factors laid out in the attachment to the Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 June 2018, known as the “Wilkie Memo.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) of this memorandum, and concluded the following these specific factors: 

(6)(c ).  An honorable discharge characterization does not require flawless military service.  Many veterans are separated with an honorable characterization despite some relatively minor or infrequent misconduct.

The misconduct was infrequent and there were only 2 instances of infractions during the applicant’s time in service. The board noted the member’s bounce back after the first Article 15.  The two performance reports that the member received in the two years following his first misconduct reflected the highest ratings for his performance each year.   

Additionally, the Board considered the following applicable factors listed in paragraphs (7)(a)-(7)(r) of the “Wilkie memo:”
b.  Whether the punishment, including any collateral consequences, was too harsh;
The board felt the punishment was harsh given the applicant’s quality of service.  The applicant served four years in the Air Force.  During two of those four years the applicant received ratings of “Truly Among the Best,” on his performance reports.  Additionally, the member has suffered the consequences of his actions for 7 years, which is an adequate amount of time given the nature of his offenses. 

e.  Severity of misconduct;
The severity of the applicant’s misconduct was not violent in nature. Sleeping on post as a sentinel is an egregious offense and the applicant received appropriate consequences for that offense when it occurred.  The improper use of the government travel card is also a serious offense, but it was not a violent offense and it did not cause further harm to property or any other service members. 

f.  Length of time since misconduct;
It has been 7 years since the member was discharged. This is ample time for the member to understand the ramifications of his actions. 

FINDING:  The DRB voted unanimously approve 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 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 improper. Therefore, the characterization of service shall change to Honorable, the narrative reason for separation shall change to “Secretarial Authority” and the reentry code shall to 3K. The AFDRB results were approved by the board president on 11 April 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)