AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2022-00599 	
					
SUMMARY:  The applicant was discharged on 30 September 2011 in accordance with AFI 36-3207, Separating Commissioned Officers, with an Honorable discharge for Non-selection/Permanent Promotion.  The applicant appealed for a change to his separation code.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on a records only review.  The Board was conducted on 30 March 2023.

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 contended his separation code was derogatory in nature and signified separation pay was paid to him.  He claimed the Department of Veterans Affairs (DVA) recouped the full amount of his separation pay; therefore, he requested his separation code be changed to one that did not reflect separation pay was paid to him.

A review of the applicant’s record revealed he was twice passed over for promotion to the rank of Major 
(O-4).  By law (USC Title 10, Section 14505), the applicant was required to separate after notification of the second time he was non-selected for promotion.  Based on the reason for involuntary separation, the applicant received involuntary separation pay in accordance with Department of Defense policy.

By law (USC Title 10, Section 1174), separation pay will be recouped if a member subsequently receives disability pay from the DVA.  Based on the limited information before the board, the evidence suggested the applicant received DVA disability pay since his separation.  The applicant contended that since his separation pay was recouped his DD214 should not reflect that he ever received it.  The board found the applicant was paid involuntary separation pay in accordance with established law and procedures.  Furthermore, the board found the involuntary separation pay was recouped under the provisions of the law.  Therefore, the board determined the separation code issued to the applicant was proper and found no evidence of inequity or impropriety to warrant a change to the separation code.

FINDING:  The DRB voted unanimously to deny changing the separation code to “LGB” or “SGB.”

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 and equitable.  Therefore, the awarded characterization of service shall remain, the narrative reason for separation shall remain, and the reentry code shall remain or change.  The Air Force DRB (AFDRB) results were approved by the board president on 18 April 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)