AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00268	
SUMMARY: 

The applicant was discharged on 5 March 2020 in accordance with AFI 36-3209 with an Honorable discharge characterization and Narrative Reason, Not Selected for Reenlistment. The applicant appealed for a change to the reenlistment eligibility code.

The applicant was represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using Zoom on 18 October 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 requested an RE Code change.  The applicant requested that the board expedite his appeal due to a pending loss of his ability to reenlist in the ANG.  He stated that his deadline to reenlist is November 1, 2022.  The applicant is seeking the opportunity to rejoin the National Guard for at least five years gain retirement eligibility.  He stated a delay to his ability to reenlist would cause financial hardship.  He stated that if the board does not expedite his request, he wanted to know if the board could extend his ability to reenlist past 55 so that he may finish his service and retire.

After a thorough review of the applicant’s service record, the Board determined that the applicant’s leadership acted within its authority to deny the applicant the opportunity to reenlist into the ANG.  Although his leadership may have intended to limit the applicant’s ability to reenlist into only one unit, the Reentry code impacted the applicant’s ability to reenlist in any component.  Based on the applicant’s testimony and a review of the service record, this was a standard process for departing airmen by the unit.  Thus, the Board found that the process was equitable in that the unit applied the process to similarly situated airmen.  The Board found the discharge was proper Because the applicant’s leadership had the authority to administer the RE code,.  There was no evidence in the conduct of the applicant’s chain of command to justify making any changes to the discharge.

The Board cannot support the applicant’s request to extend his reenlistment age because that is outside of the scope of the DRB.  The DRB cannot return a member to service, the Board only has authority to change aspects of the applicant’s discharge.  

FINDING:  The DRB voted 2 to 1 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 record, and discharge process, the Board found the discharge was proper and equitable. 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 25 October 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)