AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00266	
					
The applicant was discharged on 1 May 2019 in accordance with AFI 36-3208 with an Entry Level/ Uncharacterized discharge for Fraudulent Entry (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 26 October 2021.  

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 26 October 2021. No witnesses were present to testify on the applicant’s behalf.
 
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 and to change the reenlistment eligibility code to 3K. It voted unanimously to approve to change the discharge narrative reason to Secretarial Authority.

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 and counsel contend that the discharge was inconsistent with the procedural and substantive requirements of discharge regulations and he was not provided full administrative due process. They state that the member was coerced into waiving his due process rights by an Airman telling him how to correctly fill out the forms. Additionally, they state that the Air Force imposed a stigmatizing discharge narrative on the member without affording minimum due process. Lastly, the member and counsel state that the member’s Article 31 rights were violated on three separate occasions. 

In accordance with AFI 36-3208, Airmen are in entry level status during the first 180 days of continuous active military service.  If separated during this time, they normally receive an Entry Level Separation that is not characterized.  Because it is Air Force policy to not characterize this type of separation, the applicant’s request to “upgrade” the characterization to Honorable could not be approved. Additionally, the applicant's Reenlistment Eligibility code was not improper or inequitable based on the applicant's service record.

CONCLUSION:  
The Board found neither the evidence of record, nor evidence provided by the applicant that substantiated any inequity.  However, sufficient evidence existed to convince the board the discharge was improper.  Therefore, the Board determined the discharge narrative reason was more accurately described as “Secretarial Authority.” The Board did not change the discharge character or the reenlistment eligibility code.    

The DRB results were approved by the board president on 26 October 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)