AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT CASE NUMBER FD-2022-00352 SUMMARY: The applicant was discharged on 30 December 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. The applicant was not 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 Discharge Review Board (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 multiple Letters of Reprimand, and multiple Letters of Counseling. His misconduct included: Willfully made an improper recording on a cell phone with disrespectful statements about his direct supervision and then posted it on social media; failed to refrain from consuming alcohol while under the legal drinking age; arrived uninvited to the home of his ex-girlfriend and attempted to gain access to the apartment without permission resulted in his arrest for disorderly conduct and domestic violence; and failure to obey a lawful general order by twice refusing the COVID-19 vaccine. The applicant contended that the discharge was unfair, in that, refusing a controversial vaccine should not be grounds for taking away the benefits he earned. He explained that he may have not been a perfect Airman, but he put forth his best effort every day and gave his life to service for almost four years. 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 the primary reason for discharge was not the COVID-19 vaccine refusal, but rather the previous pattern of misconduct during his service. The two occasions of vaccine refusal are indicated as secondary reasons on the discharge notification. The applicant was fully aware of the reasons, as he received the notification of discharge. The Board determined that given the misconduct committed, the discharge the applicant received was appropriate. 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/medical record entries, and discharge process, the Board found the discharge was proper and equitable. 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 Air Force DRB (AFDRB) results were approved by the board president on 17 February 2023. 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)