AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00366 	
					
SUMMARY:  The applicant was discharged on 18 March 2022 in accordance with AFI 36-3208 with an Entry Level Separation for Entry Level Performance or Conduct.  The applicant appealed for a change to the separation code.

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 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 for sexual harassment.  

The applicant contended that he was wrongfully discharged and that he was falsely accused of sexual harassment.  He further contended there was no investigation conducted and no evidence or witnesses to corroborate the alleged victim’s statements.  

A review of the applicant’s record revealed while attending Basic Military Training the applicant had issues with conforming to standards.  His training record reflects he was involved in an instance of horseplay and also brought unauthorized items into the dormitory.  Furthermore, he made several inappropriate comments towards female trainees and also made inappropriate comments to an instructor during a training class.  In his response to the discharge notification the applicant portrayed a different version of the events, claiming innocence and/or miscommunication or misunderstanding.  Furthermore, his Area Defense Counsel provided a response asserting the applicant was not afforded appropriate rehabilitation and received disproportionate treatment because he was black.

The DRB concluded that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  Furthermore, the DRB determined the applicant did not provide any evidence of disproportionate treatment based on his race and found the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.    

FINDING:  The DRB voted unanimously to deny the applicant’s request to change his separation code.  The DRB also voted unanimously to deny changing the discharge narrative reason to Secretarial Authority, and to changing 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.  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 10 November 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)