AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00070	
					
SUMMARY:  The applicant was discharged on 29 April 2021 in accordance with AFI 36-3208 with a General discharge for Misconduct (Serious Offense).  The applicant appealed for an upgrade of his discharge characterization.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using Zoom on 28 June 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’s record of service included a Letter of Reprimand for conspiracy to commit wire fraud, wire fraud, and unauthorized access to a protected computer to defraud.

The applicant made no contentions.  He stated in his application that he was accused of a felony crime in 2018 and was indicted in civilian court for conspiracy to commit wire fraud, wire fraud, and unauthorized access to a protected computer system.  He entered into a plea bargain with the court and was sentenced to four months in prison and ordered to pay restitution.  He requested an upgrade to allow him to continue his education, stating this would benefit the Government since he currently works for a federal defense contractor.

A review of the applicant’s record revealed at the time of his discharge the applicant was being prosecuted by the U.S. Attorney in South Dakota for pirating Microsoft software and access codes and selling them on EBay.  The applicant provided access codes for Microsoft products with the intent to receive payment for the codes, and without authorization from Microsoft.  Furthermore, he sold unlicensed Microsoft products while serving on active duty.  His command initiated discharge action against him and he submitted a conditional waiver waiving his right to an administrative board hearing in exchange for a General discharge.

During the hearing the applicant testified that he was interviewed by members of the Department of Homeland Security regarding the allegations against him.  He claimed the investigators told him the interview would not be recorded, when in fact it was recorded and was used as a basis for the charges against him.  The applicant implied the manner in which the evidence was provided to the U.S. Attorney was borderline improper.  The applicant also testified that he initially did not think his involvement with the scheme was illegal, but later realized his activities were in fact illegal and he attempted to remove himself from the scheme.

The Board concluded, through the applicant’s own admission, that he did commit the charged offenses.  Additionally, regardless of what the applicant may have thought he was told during the course of the investigation, the Board did not find any evidence of impropriety on the Air Force’s part.  Therefore, the Board determined the offenses committed by the member brought discredit to the Air Force and when weighed against the overall record of performance, warrant the characterization of discharge received. Misconduct of this serious nature constitutes a significant departure from the conduct expected of Airmen and outweighs his otherwise satisfactory service.  Furthermore, the DRB reviewed the applicant’s entire service record and found no other evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board acknowledges the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.   

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable.  The DRB also voted unanimously to deny changing the discharge narrative reason to Secretarial Authority and changing 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 UNDER HONORABLE CONDITIONS - (GENERAL), the narrative reason for separation shall remain MISCONDUCT (SERIOUS OFFENSE), and the reentry code shall remain 2B.  The AFDRB results were approved by the board president on 30 June 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)