AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00680	
					
SUMMARY: 

The applicant was discharged on 1 October 2013 in accordance with AFI 36-3209 with a General Discharge for Fitness. The applicant appealed for an upgrade of his reenlistment eligibility code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 17 May 2022. 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. 

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 stated that he is confident that the discharge was an act of reprisal as a result of him filing an IG complaint against the Squadron Commander for several acts of racial bias and discrimination against him. The applicant explained that shortly after filing the complaint, he was forced to sign a 2 year old fitness failure and was asked not to return to duty until further notice. He further explained that it was only weeks later that he received the discharge order in the mail with instructions to file a rebuttal. The applicant stated the only reason for reduction in rank was due to the elimination of the IMA program and therefore he was forced to either retrain or separate. 

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)(f).  Changes in policy, whereby a Service member under the same circumstances today would reasonably be expected to receive a more favorable outcome than the applicant received, may be grounds for relief.

The Air Force’s policy on fitness has changed numerous times since the applicant’s discharge. Discharges based on fitness failures alone during the present time would not result in a General Characterization. The board determined that the discharge received by the applicant was harsh and therefore improper in this instance. 

FINDING:  The DRB voted unanimously to approve the applicant’s request to upgrade his discharge characterization to Honorable and to change the reenlistment eligibility code to 3K. It did not change the narrative reason for separation.

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 improper. Therefore, the awarded characterization of service shall change to “Honorable”, the narrative reason for separation shall remain “Fitness” and the reentry code shall change to 3K. The AFDRB results were approved by the board president on 17 May 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)