AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00320	
					
GENERAL:  The applicant was discharged on 14 Feb 2013 in accordance with AFI 36-3208 with a General discharge for Misconduct (minor infractions). 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 23 Sep 2021.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  

The applicant was represented by counsel.    

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, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C / 3K.

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 is requesting that his discharge be upgraded to Honorable based on the quality of his service.  The applicant stated that the AFI mandates an Honorable discharge when failure of physical fitness test is the sole reason for separation. The applicant also stated that his ex-wife falsely accused him of getting into a physical altercation with her.  The incident was reported to the Family Advocacy Office, which conducted an investigation. He stated that his ex-wife recanted all of her accusations and admitted that no violation occurred. He stated that the FAP investigated the case, determined that no violation took place, and closed the case.  The applicant stated that despite the case closing in his favor he was still issued an LOR that reflected in his EPR.  The applicant stated that because he had a civilian job lined up, he waived his right to a separation board and as a result he was separated for “misconduct”.

Upon review of the applicant’s service record, the Board was not able to find any documentation regarding the discharge.  Since the board relies on the presumption of regularity, the DRB concluded that the discharge received by the applicant was appropriate.  

CONCLUSION:  
The Board 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. 

The DRB results were approved by the board president on 28 Sep 21.  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)