AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00638	
					
SUMMARY: 

The applicant was discharged on 23 March 2021 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Minor Infractions). The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant was represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 15 March 2022. The applicant’s mother was 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. 

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 Letters of Reprimand, and a Letter of Counseling.  His misconduct included:  late to meeting; failed to read emails about meeting; failed to establish connection with website for meeting; failed to notify leadership of issues; failed to shave facial hair IAW 36-2903 and medical waiver; failed to go at the time prescribed; made a false official statement; showed up to an appointment without the proper uniform; absent without leave; made false official statement that he was at work already; failed to turn in IPE, made a false statement that it was already turned in; violated COVID19 policy to wear mask in gym; attended karaoke party and did not follow 20 FW guidance on mask wearing.

The applicant through counsel contended that the discharge was improper because the required notification procedures were not followed, and because multiple bases of separation considered are not supported by the greater weight of evidence. They also contend that the discharge is inequitable for the previous stated issues and that the minor infractions used as a basis for separation do not warrant nor are typically grounds for separation of similarly situated Airmen. 

During the Personal Appearance, counsel reiterated that the notification procedures were not followed and that the minor infractions would not support a discharge singularly or combined. The applicant contended that the command was targeting him as he was the only African American in the Squadron. He admitted that he made mistakes but was receiving unfair treatment. He detailed many infractions where he was the only individual punished even though many others committed the same infractions. The applicant’s mother also testified that her son told her what was happening to him but he did not realize at the time that it was racially based as he was used to being in a diverse environment. 

The DRB determined that there was impropriety in the application of Air Force policies. The applicant received a discharge notification that erroneously identified the least type of characterization of discharge he could receive. The applicant provided evidence to dispute the misconduct that was used as the basis for his discharge. The applicant received overly harsh punishment for the minor misconduct based on discipline that similarly situated Airmen received.

FINDING:  The DRB voted unanimously to 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 inequitable. Therefore, the awarded characterization of service shall change to “Honorable”, the narrative reason for separation shall change to “Secretarial Authority”, and the reentry code shall change to 3K. The AFDRB results were approved by the board president on 17 March 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)