AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00304	
SUMMARY: 

The applicant was discharged on 30 December 2020 in accordance with AFI 36-3208 with a General discharge characterization and Narrative Reason  Misconduct (Serious Offense). The applicant appealed for an upgrade of his discharge characterization.

The applicant was represented by counsel and 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 an Article 15.   His misconduct included a violent offense against an Airmen.

The applicant requested an upgraded discharge.  The applicant stated that he was discharged because of sexual assault allegations.  He stated that his separation packet failed to support the allegations with any evidence of misconduct.  The applicant stated that his discharge was inequitable and, as a result, caused him to be unable to utilize his rightfully earned benefits, including his GI Bill.

The DRB determined that, through the administrative actions taken by the chain of command in this case, the circumstances surrounding the applicant’s discharge were equitable and proper.  The applicant did not provide any evidence to indicate that evidence his command used as the basis for the applicant’s discharge was inaccurate.  The applicant requested an upgrade to his discharge to gain access to his GI Bill, but this is not a matter of inequity or impropriety. The board concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career. 

LIBERAL CONSIDERATION:

Due to the applicant’s contentions of a mental health condition on the DD Form 293 application for Discharge Review, with the checked box for “sexual assault/harassment”, the Board considered the case based on the liberal consideration (LC) standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553. The Board included a member who is a clinical psychologist.  And the Board reviewed the four questions the Under Secretary of Defense provided that boards should consider when weighing evidence in requests for modification of discharges due in whole or in part to mental health conditions, including post-traumatic stress disorder (PTSD); Traumatic Brain Injury (TBI); sexual assault, and sexual harassment.  The Board considered the following: 

The applicant contended he was separated from the Air Force in 2021 for a slew of allegations, to include sexual assault. However, the separation packet failed to support any of these allegations with any evidence of misconduct whatsoever. The applicant stated that he now suffers the stigma of a General Discharge for misconduct he did not commit and is unable to utilize his rightfully earned benefits, to include his GI Bill.  

The Board reviewed the applicant’s contentions based on Liberal Consideration and determined that Liberal Consideration is not applicable to this applicant’s request. Neither the applicant, nor counsel, made a claim or contention that a mental health condition caused or substantially contributed to the misconduct that led to the applicant’s discharge. 

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 and medical records, 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 23 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)