AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00643	
					
SUMMARY: 

The applicant was discharged on 25 August 2011 in accordance with AFI 36-3208 with an Entry Level Separation for Failed Medical/Physical Procurement Standards. 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 was notified that he was positive for HIV in basic training, and contended that there is a legislation change. 

The DRB recognized the applicant’s preference to upgrade his discharge characterization.  However, 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” to Honorable could not be approved.  

Medical Board Member Opinion:

The condition is still incongruent with service in the Air Force. –DoDI 6130.03 - 5.23. SYSTEMIC CONDITIONS. a. History of disorders involving the immune mechanism, including immunodeficiencies. b. Presence of human immunodeficiency virus or laboratory evidence of infection or false positive screening test(s) with ambiguous results by supplemental confirmation test(s).

The applicant checked the box for “DADT” but provided no evidence of how DADT policies were relevant to this applicant’s discharge.  There is no evidence that a mental health condition or mitigating experience caused this applicant’s discharge, thus liberal consideration is not applied to this applicant’s request for upgrade.

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 Entry Level Separation, the narrative reason for separation shall remain Failed Medical/Physical Procurement Standards and the reentry code shall remain 4C. The AFDRB results were approved by the board president on 15 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)