AIR FORCE DISCHARGE REVIEW AFDRB DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00458	
					
SUMMARY: 

The Applicant was discharged on 29 August 2022 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions Discharge for Misconduct (Serious Offense).  The Applicant appealed for an upgrade to their discharge characterization.

The Applicant appeared and testified before the Air Force Discharge Review Board (AFDRB), without counsel, via video teleconference using Zoom on 14 February 2023.  No witnesses were present to testify on the Applicant’s behalf. 

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.  The Applicant’s misconduct included:  Sexually assaulted another Airman, specifically, touching her buttocks with his hand with an intent to gratify his sexual desire, without consent; assaulted another Airman by pulling her hair and restricting her airway with his hands; Assaulted another Airman by punching him in the face, causing severe damage to his teeth; and provided a false official statement to investigators that he could not recall the last vehicle he had driven that was not a GOV, when the investigators knew that it was his vehicle that was recognized during the incident.

The applicant stated that he was falsely accused of sexual assault. He detailed that his actions of attempting to cuddle did not amount to abusive sexual contact, which he was being accused of.  The applicant explained that as soon as she indicated she didn’t like it, he stopped and turned over.  He went on to explain that he received the Letter of Reprimand because he was being investigated for abusive sexual contact, not because he committed this offense.  He contended that this was excessive, unnecessary, and unfair, and indicated that there was not enough evidence to receive a Under Other Than Honorable Conditions (UOTHC) discharge.  He concluded by stating that the OSI report indicated several details that show his innocence and explain the motivation behind the unfounded allegation. 

During the personal appearance, the applicant explained that regarding the sexual assault allegation, he asked for consent for everything he did, and felt he did nothing she did not want, but said he took responsibility for the situation.  The applicant also stated that his child’s mother falsified the allegations of hair pulling and restricting her airway.  He explained that he could not confirm her reasons for the allegations but thought that it was most likely due to her not wanting him to PCS overseas.  Lastly, the applicant indicated that he was not at the location where the assault on another Airman took place and stated that he was with someone who could confirm his location was elsewhere. 

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 contended that the acts of misconduct resulting in his discharge were false allegations but did not provide any evidence to substantiate his claims.  However, the applicant did not provide the Board sufficient evidence that the discharge was improper or inequitable.  Although the applicant stated that he had witnesses to corroborate his account of the various incidents that led to his discharge, he did not provide testimony or statements from anyone.  The only evidence available was the evidence in the applicant’s service records and those records indicated that the discharge received by the Applicant was appropriate. 
 
FINDING:  The AFDRB voted unanimously to deny the Applicant’s request to upgrade their discharge characterization, to change the discharge narrative reason, and to change the reenlistment eligibility code.
 
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.  Therefore, the awarded characterization of service shall remain an “UOTHC” discharge, 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 22 February 2023.  If desired, the Applicant can request a list of the board members and their votes by writing to:  

Air Force Review AFDRBs Agency
Attn: Discharge Review AFDRB
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)