AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00123	
					
SUMMARY: 

The applicant was discharged on 15 February 2022 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Serious Offense). The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

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.  His misconduct included his involvement in a domestic violence incident. The applicant put his hand on the neck of his intimate partner and squeezed down, restricting her breath. Additionally, he slapped her and called her names.  The applicant also violated COVID isolation protocol, causing two other individuals to be quarantined, which affected mission capabilities and he lied to an SNCO when asked if he had left his room during quarantine. 

The applicant requested an upgrade because the current characterization does not accurately represent his situation and character. He explained that the situation was complex, as he was dealing with a legal situation on top of objecting to the COVID-19 vaccine due to religious beliefs. He concluded that it was improper to discharge him with anything other than an Honorable. 

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 Board found that the seriousness of the applicant’s willful misconduct offset the positive aspects of his service. The discharge the applicant received was deemed to be appropriate.   

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 factor: 

c.  An honorable discharge characterization does not require flawless military service.  Many veterans are separated with an honorable characterization despite some relatively minor or infrequent misconduct.

The applicant’s domestic violence incident is egregious, and violating COVID-19protective policies put others in harm’s way. The Board concluded that the discharge was appropriate given the conduct of the applicant. 
 
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 (Serious Offense) and the reentry code shall remain. The AFDRB results were approved by the board president on 19 July 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)