AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00531	
					
SUMMARY: 

The applicant was discharged on 01 December 2021 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Serious Offense).  The applicant appealed for an upgrade of her 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 a Letter of Counseling. Her misconduct included:  Physically controlled a vehicle while impaired by alcohol; absented herself from place of duty on multiple occasions; and failed to obey a lawful order to receive the mandatory COVID-19 vaccine.

The applicant requested an upgrade so that she may use her VA benefits. She strongly felt that she served with honor, and even though she made mistakes, she kept her integrity honor and respect in mind. 

The Board considered the differences in the Department of Defense’s current COVID-19 policies and those in effect at the time of discharge.  The Secretary of Defense has rescinded the 3 September 2021 and 7 December 2021 COVID-19 Vaccination Policy Memoranda, effective 23 January 2023, as required by the National Defense Authorization Act for Fiscal Year 2023.  The DAF is no longer discharging members with general service characterizations solely for refusing to receive the COVID-19 vaccine, because of service-wide policy changes. 

However, in the applicant’s case, she was not discharged solely for refusing the COVID-19 vaccine. The applicant had prior misconduct that the Board opined to be significant enough to warrant a discharge on its own. The DRB determined that the discharge received was appropriate.

If the applicant can provide additional information to substantiate her contentions, the Board recommends she exercise the right to make a personal appearance before the DRB or directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records.  

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade her 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 equitable and proper. Therefore, the awarded characterization of service shall remain “General,” the narrative reason for separation shall remain “Misconduct (Serious Offense),” and the reentry code shall “2B.”  The Air Force DRB (AFDRB) results were approved by the board president on 3 March 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)