AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2023-00088	
					
SUMMARY: 

The applicant was discharged on 1 February 2023 in accordance with AFI 36-3208 with an Honorable Discharge for Miscellaneous/General Reasons.  The applicant appealed for an upgrade of his Separation Designator. 

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 stated that he voluntarily separated with an honorable discharge due to his COVID-19 Religious Accommodation denial.  The member believes his SPD code “KND” caused him to be ineligible for Transition Assistance Management Program (Temporary Tricare Health Insurance).  

The applicant claimed this discharge is related to refusal of the COVID-19 vaccine. Therefore, 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  The Secretary of Defense has rescinded the 3 September 2021 and 7 December 2021 COVID-19 Vaccination Policy Memoranda, effective 23 January 2023, as required by the National Defense Authorization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.  

After a thorough review, it was determined that the applicant voluntarily separated from the Air Force. Unfortunately, this rendered him ineligible for Transition Assistance Management Program. The DRB determined that the Narrative reason given is proper, equitable and is not a consequence of an involuntary discharge for refusing to take the COVID-19 vaccine. Because the applicant’s access to benefits was not based on refusing to take the COVID-19 vaccine, and this is a consistent policy for any service member who chooses to voluntarily separate, the DRB is unable to render a decision that would allow the member to access the VA benefits he is requesting. 

If the applicant can provide additional information to substantiate his contentions, that his Narrative Reason for Separation, Separation Code or Reentry code are inequitable or improper, then the Board recommends he exercise the right to appeal the DRB’s decision to the Air Force Board for Correction of Military Records.

FINDING:  The DRB voted unanimously deny the applicant’s request to change the discharge narrative reason to Secretarial Authority. 

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 inequitable. Therefore, the awarded characterization of service shall remain “Honorable,” the narrative reason for separation shall remain “Miscellaneous/General Reasons,” and the reentry code shall “1J.”  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)