AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00357 	
					
SUMMARY: 

The applicant was discharged on 7 September 2021 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions Discharge for Misconduct (Serious Offense). The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

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’s record of service included a Letter of Reprimand.  His misconduct included:  committed a sexual assault upon an Airman, by digitally penetrating her without consent and after she told him to stop; repeatedly tried to touch and kiss her neck after being told to stop; grabbed her buttocks and breasts to satisfy his sexual desires; and entered her bedroom without being invited or receiving permission to enter.  

The applicant did not make any contentions to the equity or propriety of the circumstances surrounding his discharge.  The applicant stated, “he takes full responsibility for his actions,” and asked for a review as the discharge has been a big hindrance on his life and his mental state.

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 applicant did not present any evidence or testimony to indicate his contentions are based on inequity or impropriety which would warrant an upgrade. Due to a lack of evidence to indicate otherwise, the Board deemed the discharge received by the applicant to be 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 record, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain “Under Other Than Honorable Conditions”, the narrative reason for separation shall remain “Misconduct (Serious Offense)”, and the reentry code shall remain “2B”. 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)