AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00015	
					
SUMMARY: 

The applicant was discharged on 13 June 2018 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge In Lieu of Court-Martial/Chapter 4. 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 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’s record of service included an Article 15 and a vacation of suspended nonjudicial punishment.  His misconduct included:  Absented himself from place of duty and did remain for approximately 3 days; behaved with disrespect toward a superior commissioned officer, by yelling, violently gesturing and aggressively approaching him in such a manner that students and cadre had to physically restrain him to prevent further escalation. 

The applicant through counsel contended impropriety as the discharge character was too harsh. They explained that although a UOTHC is normally appropriate for Chapter 4 requests, the character should be determined by the totality of the Airman’s conduct. They stated that his overall conduct was remarkable and that what he had been through was deserving of more consideration by the separation authority. The applicant through counsel also contended inequity. They explained that given the member’s stellar record and post service conduct, he is deserving of an upgrade. They concluded that this discharge has had an impact on the applicant, in that, he is ineligible for any of his VA benefits, to include treatment for his in-service injury, the GI Bill for school, and even the VA home loan. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The applicant accepted the conditions of a Chapter 4, he waived his rights for a Court Martial, and accepted the possibility of receiving a UOTHC characterization. Additionally, upon review, the Board was not able to find any separation documents in reference to the latest discharge.  Due to a lack of evidence to indicate inequitable or improper actions in regards to the circumstances surrounding his discharge, the Board concluded that the discharge received by the applicant was appropriate.  

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 and medical record entries, and the discharge process, the Board found the discharge was proper. Therefore, the characterization of service shall remain UOTHC, the narrative reason for separation shall remain “In Lieu of Court-Martial/Chapter 4 and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 6 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)