AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00385 	
					
SUMMARY: 

The applicant was discharged on 25 October 2017 in accordance with AFI 36-3208 with a Entry Level 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 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 and a Letter of Reprimand. His misconduct included unlawfully striking, choking, and sodomizing his wife.

The applicant made no contentions that the discharge was inequitable or improper.  The applicant requested an upgrade of his discharge characterization to Honorable. The applicant stated that the situation that led to his discharge was never investigated or proven.  He stated that statements were taken from him and his spouse, and nothing was discovered to initiate an investigation, yet he was discharged with a UOTHC.  He stated that he is now a government employee and would like to buy back his military time of 14 years to add to his government service.  He stated that he is unable to do so with his current discharge.  He stated that the reconsideration would fulfill both his professional and personal goals.

The DRB reviewed the applicant’s entire service record.  Although, there were no charges against the applicant, the records indicate the applicant admitted to committing forcible sodomy on his wife.  The applicant’s leadership was aware of the applicant’s admission at the time of his discharge.  Therefore, the actions taken by the applicant’s leadership regarding the discharge were equitable and proper.  The board concluded the applicant’s misconduct was a significant departure from the conduct expected of all military members.  

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 11 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)