AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00272	
SUMMARY: 

The applicant was discharged on 10 May 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 and a change to the discharge narrative reason.

The applicant was not represented by counsel.    

The applicant initially selected a personal appearance to present his case before the Discharge Review Board (DRB).  Due to the applicant’s failure to respond to the scheduling request to establish the appearance date, the AFDRB board President authorized a record only review of the discharge, per DOD 1332.8, E3.2.6.2.  The applicant did not have a prior record only review, therefore, the board deemed him eligible for one.  

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 an Article 15, a Letter of Reprimand, and multiple Letters of Counseling. His misconduct included:  Violated a Covid-19 General restriction order issued by the Wing Commander by wrongfully exceeding the 3 hour travel restriction; violated a Covid-19 General restriction order issued by the Wing Commander by wrongfully going into a bar; with the intent to deceive, wrongfully signed a unit function accountability sheet on behalf of another individual; Failed to report to work and mandatory medical appointment; Used an unauthorized external device on computer; and he Failed a dorm inspection.

The applicant contended that he was falsely accused and charged with something he did not do. He explained that a person had a loaded firearm and shot one bullet into the air. He stated that he did not have a firearm but was subsequently charged with assault with a loaded weapon. The applicant highlighted that in statements during the investigation, no one said that he had a firearm. He concluded that this is affecting his life. 

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 noted that his service record indicated his discharge was based on a pattern of misconduct and failure to adapt to military lifestyle. Although the applicant discussed concerns about a gun possession charge in his application, there were no references to that situation in the applicant’s service records or discharge documentation.  The Board found no evidence regarding the applicant’s contentions.  Also, the Board did not find any evidence to indicate the circumstances surrounding his discharge were inequitable or improper.   

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 record, 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 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)