AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00014	
					
SUMMARY: 

The applicant was discharged on 28 September 2016 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions Discharge In Lieu of Trial by Court-Martial. The applicant appealed for an upgrade of his discharge characterization.

The applicant was 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 Charge sheet and a Letter of Reprimand.  His misconduct included:  Engaged in unprofessional messages with the wife of another Airman, while he was also married; failed to inform his commanding officer of a change in dependent’s residency status; failed to inform Osan AB accounting and finance office of a change in his dependent’s residency status; wrongfully stole money, military property of value more than $500.00 in BAH and FSA.

The applicant did not make any contentions to the propriety of his discharge.  He stated that he received the UOTHC for a single offense in 12 years of faithful service. He stated that his failure to stay on top of finances and incorrectly updating his vRED is a lesson he’ll never forget. He wishes to continue to support his country by becoming a DoD employee or contractor.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The Board recognized the applicant served 13 years before the discharge was initiated, but concluded the seriousness of the applicant’s willful misconduct offset the positive aspects of his service. The applicant requested this discharge in lieu of Court-Martial.  The applicant was informed at the time that the discharge in lieu of Court Martial would allow him to avoid punitive UCMJ consequences and provide the possibility of receiving a UOTHC discharge. Thus, the Board deemed the applicant’s discharge to be appropriate. 

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 with regard to the following factor: 

(6)(k).  Relief is generally more appropriate for non-violent offenses than for violent offenses.
Although the offenses committed were not violent, they were premeditated and severe acts of misconduct. 

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 awarded characterization of service shall remain Under Other Than Honorable Conditions, the narrative reason for separation shall remain In Lieu of Trial by Court-Martial and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 20 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)