AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00313 	
					
SUMMARY: 

The applicant was discharged on 26 October 2012 with a Bad Conduct discharge characterization and his Narrative Reason for Separation  is Court Martial (Other).

The applicant was not represented by counsel and requested the board be completed based on a record 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 requested a change to his character of service.  He stated that he is requesting an upgrade of his discharge status so that he can pursue school with the 9/11 GI Bill.  The applicant acknowledged that he turned a blind eye to his wingman distributing marijuana while serving in the military.  He stated that he never saw him selling drugs but knew he was doing it.  The applicant stated that he now understands the error of his ways and he takes full responsibility.  The applicant explained that he received a BCD and six months of confinement time, and since then, he has turned his life around and wants to attend school to become a physical therapist.  He stated that his educational benefits will end Dec 2022 and wants to use the GI Bill.

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.  The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The applicant provided an extensive explanation of why he requested the discharge upgrade, but he did not provide any new evidence to convince the board that clemency was warranted in his case.  The applicant did not provide any post service character references, school records, evidence of community service, or any other positive post service actions to warrant an upgrade based on clemency.   The Board found that the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The Board deemed that characterization of the discharge received by the applicant to be appropriate.

The Board considered the factors laid out in the attachment to the Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 June 2018, known as the “Wilkie Memo.”  The Board found that the applicant did not satisfy the factors identified in the memo sufficiently to warrant an upgrade to an administrative discharge.  The board recommends the applicant exercise his right to appeal the DRB’s decision to the Air Force Board for Correction of Military Records by requesting clemency based on post-service activities and accomplishments. 

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 and equitable. Therefore, the awarded characterization of service shall remain, the narrative reason for separation shall remain and the reentry code shall remain. The AFDRB results were approved by the board president on 28 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)