AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00134	
					
SUMMARY:  The applicant was discharged on 25 July 2019 in accordance with AFI 36-3208 with an Under Other Than Honorable (UOTHC) discharge in Lieu of Trial by Court-Martial (Chapter 4).  The applicant appealed for an upgrade of his discharge characterization.

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.  

Through counsel the applicant contended the discharge was inequitable.  The Applicant has maintained his innocence regarding the allegation against him and understands that he must overcome the presumption of guilt that accompanies a discharge in lieu of court-martial.  The applicant claimed he conferred with his detailed defense counsel and carefully weighed his options.  Facing the possibility of a federal conviction, significant time in confinement, and the possibility of being a registered sex offender for the rest of his life, the applicant chose to accept a discharge in lieu of trial by court-martial.    

Counsel argued the applicant has been unjustly stigmatized and harmed by his other than honorable discharge and that it is punitive in nature.  The applicant has been deprived of his honor and good name, which continues to cause undue harm years after his discharge from the Air Force and burdens him and his family.  Finally, the applicant claimed he never intended to bring discredit upon himself or his fellow Airmen by placing himself in a situation where he was accused of a heinous crime.  The applicant is remorseful for his actions and sought to restore his honor by removing this indelible stain from his military records.  

A review of the applicant’s record revealed he was accused of sexual assault on a female Airman.  The alleged victim initially agreed to participate in a trial then later changed her mind and requested the Air Force accept the applicant’s request for discharge in lieu of trial.  The government approved the discharge and the court-martial charges were dismissed.  

The Board concluded the applicant made an informed decision when he requested the Chapter 4 discharge and acknowledged he could be discharged with a UOTHC, and the adverse impact of this type of discharge.  The Board determined the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  

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, the narrative reason for separation, and the reentry code shall not change.  The AFDRB results were approved by the board president on 1 August 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)