AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00034	
					
SUMMARY: 

The applicant was discharged on 19 October 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.

The applicant was not 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 multiple Letters of Reprimand, and multiple Letters of Counseling.  His misconduct included:  failure to report on time to assigned duty location; failed to attend three mandatory off-base dental appointments; failed to attend mandatory off-base dental appointment for the fourth time; failed to report on time to assigned duty location.

The applicant did not make any contentions to the equity or propriety or his discharge.  He stated that the discharge was a result of failing his upgrade training. He asked for an upgrade so that he may obtain a college degree so that he can have a reliable and stable career.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Additionally, the applicant did not provide a basis to upgrade nor offer any contentions. The Board understood the applicant’s present service characterization renders him ineligible for Department of Veterans Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

Additionally, 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 this applicable factor: 

(6)(a).  It is consistent with military custom and practice to honor sacrifices and achievements, to punish only to the extent necessary, to rehabilitate to the greatest extent possible, and to favor second chances in situations in which individuals have paid for their misdeeds. 

As evidenced by the paperwork received, efforts to rehabilitate and give second chances were given. The member did not improve his behavior and was therefore discharged. 

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 “General”, the narrative reason for separation shall remain “Misconduct (Minor Infractions)”, and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 8 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)