AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

PERSONAL APPEARANCE Xx RECORD REVIEW

a 4 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 
   

ISSUES INDEX NUMBER
A94.06

A62.00 -
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING '

RR) Q/ bo |= |

 

 

 

 

HEARING DATE CASE NUMBER

 

 

 

21 Jan 2011 FD-2009-00447

S:DECISIONAL RATIONALE ARE DISCUSSED ONE

  

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant’s request.

* CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY /

 

cere Eed Sane,

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

SAF/MRBR
550 C STREET WEST, SUIT! -
RANDOLPH AFB, TX 78150--- 2

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00447

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and |
authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined |!
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board grants the requested relief.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an J.
impropriety that would justify a change of discharge. However, based upon the record and evidence |,
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.

ISSUE: Applicant received a General discharge-Fraudulent Entry into Military Service

The applicant contends the narrative reason for his discharge is inequitable because he never lied. After a |
thorough and complete consideration of the information provided by the applicant and contained in the |
records, the DRB concluded there was sufficient evidence to substantiate upgrading the discharge.
Specifically, the Board found the reason and authority for the discharge was too harsh. In the discharge
notification memorandum, the commander states the applicant admitted to pre-existing lower back pain that
he denied at MEPS. After a complete review of the applicants military medical record the board found that
the member admitted to having hurt his back after being tackled playing football in early 2000, but thought
the pain had resolved. His specific injury was detected by x-ray 7 December 2000, five months after
entering the Air Force. The board opined that although the applicant’s injury occurred prior to entering the
Air Force, he did not intentionally lie to MEPS personnel and was honest when questioned by Air Force
medical personnel after coming on active duty.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more uccurately reflected by an Honorable discharge, the reason for the discharge is more

accurately described as Secretarial Authority, and the reenlistment code changed to 3K under the provisions
of Title 10, USC 1553.

Attachment:
Examiner's Brief
APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL Form Approved
FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006

The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0004),
1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shali be subject to any
penaity for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
PRIVACY ACT STATEMENT

AUTHORITY: 10 U.S.C. 1553; £E.0. 9397.
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for
Secial Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

 

COAST GUARD

v= —~ 6

A 5. BOARD ACTION REQUESTED (X one)
Y YYYYMMDD) (If date is more than 15 years CHANGE TO HONORABLE
ago, submit a DD Form 149) CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)

OR SEPARATION UNCHARACTERIZED CHANGE NARRATIVE REASON FOR
OTHER (Explain) 3

 

 

 

6. ISSUES: WHY AN UPGRADE 0! HANG Is RES OS 6a AND JUSTIFIGATION Jo ft REQUEST (Continue in is 14. See instrustions on

(mses) Deeclaoe. o Nesrat i Hen ee fer a ce

 

7. (X ff aSpltcable) AN AP LICA ION "WAS PREVIOUSLY SUBMITTED ON (YyyyMMbDD)

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in tem 7.

if military documents or medical records are relevant to your case, please send copies.} : 1

9. TYPE OF REVIEW REQUESTED [X one)

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR ({counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.

| ANDIOR (counsel/representative} WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
fenter ¢ity and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)
10.a. COUNSEL/REPRESENTATIVE (/ any) NAME (Last, First, Middle Initial) AND ADDRESS |b. TELEPHONE NUMBER (/nc/ude Area Code)

{See frern 10 of the instructions about counsel/representative.})

 

 

 

c. E-MAIL ‘

 

d. FAX NUMBER //nclude Area Code)

 

 

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF OF
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the name (print) and relationship by marking a box below.
spouse | WIDOW WIDOWER NEXT OF KIN | LEGAL REPRESENTATIVE | OTHER (Specify)
12.a. CURRE MS F MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE MUMMARED 1- sted Asam Onant i
siscer gs fe et tah ee this et 7
c. EMAIL 7
‘ v eer .— an
d. FAX BOMBER inchio® Area Cadar
13. CERTIFI ATION. | make the foregoing statements, as part of my claim, with full knowledge of the CASE NUMBER
penalti-s involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)
and Tie !, provide that an individual shall be fined under this title or imprisoned not more than 5 years,
or bow:
~ SIGNAT:Ké - REQUIRED (Applicat or person in Item 11 above] b. DATE SIGNED - REQUIRED
a E REQL pplicagt or per. m ove tee FO A004 -COUYT
ZocJ O07 /6
DD FORM 293,@UG 2003 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 Pages

en
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): ; DOCKET # COMPONENT:
FD-2009-00447 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE,
GENERAL LACKLAND AFB, TX 08 MAR 01 CHANGE REASON FOR DISCHARGE, & RE.
CODE

DOB/ ENLMT AGE: DISCH AGE: FORMER: } B. CURRENT DOR: C. TIME LOST:
13 OCT 81 18 19 AMN 25 JAN 01 NONE ,

 

 

 

 

AFSC: 4F011 - AEROMEDICAL HELPER DEP DT: ASVAB SCORES: A: 57 E: 62 G: 50 M: 41
22 OCT 99
D. ART 15/ VAC: D. LOR, LOA, RIC, LOC: “TE. SCM/SPCM/ 1 ADDITIONAL: (IE. CIVIL CONV, CDC)
NONE NONE GCM: NONE NONE

 

 

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
NONE
G. AWARDS & DECS: AFTR

 

EAD: 25 JUL 00 . | DAS: 11 SEP 00 H. TMS: 1 YRS 4 MOS 15 DAS TAMS: 0 YRS 7 MOS 11 DAS

 

 

APPLN (DD FORM 293) DTD: DT/INITIALS: | NPA/PA: NPA BOARD REGION:
16 JUL 09 31AUG10/JLL

 

 

 

 

RECORDS: | MPR: YES ARMS: NO STR: YES ISSUES: YES { ATTACHMENTS: NO
AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.15 (FRAUDULENT ENTRY INTO MILITARY SERVICE)

 

 

 

 

 

ART 15; VAC; SCM; SPMC; GCM; ADDITIONAL:

 

EXAMINER'S NOTE: NOTIFICATION MEMO DATED 27 FEB 01,PARA 2, CITES REASON FOR DISCHARGE ; AS ADMITTING
TO HAVE A PRE-EXISTENT LOWER BACK PAIN AND THAT YOU DENIED IT AT MEPS. STATEMENT CREATED A BASIS FOR

A FRADULENT ENTRY INTO MILITARY SERVICE DISCHARGE.

 

OSAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL Form Approved
FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006

The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection :
of information, including suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0004), {
1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of flaw, no person shall be subject to any 7}
penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C. 1553; E.0. 9397.

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for

Social Security Number is strictly to assure proper identification of the individual and appropriate records.
1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

a. BRANCH OF SERVICE (x one) | ~_ [army | | MARINE CORPS [Xx | AIR FORCE | | COAST GUARD

b. NAME (Last, First, Middle Initial) . d. SOCIAL SECURITY NUMBER

5. BOARD ACTION REQUESTED {X one}
| X_ | CHANGE TO HONORABLE
Sia

HONORABLE CONDITIONS
Eis CHANGE TO UNCHARACTERIZED

 

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (x one)
{YYYYMMDD) (if date is more than 15 years HONORABLE

BGO n SURI aD Pott tae! GENERAL/UNDER HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS
Tpab CONDUCT (Special court-martial only}

UNCHARACTERIZED
T OTHER (Explain)

   

   
   

  
   

 
  

 

    
  
  

 
  
     

   
  
  
  
 

    

3. UNIT AND LOCATION AT DISCHARGE
OR SEPARATION

Lape lal ond ne6 T

6. ISSUES:_WHY AN UPGRADE OR CHANGE TS REGUESTED ANE. JUSTIFIBATION p
eck oO Nott aH eh Fee ne ye
a
Fa

IS, * BRE ves:

{Not applicable for Air Force)
CHANGE NARRATIVE REASON FOR
SEPARATION TO:

 
     
 
 

  
  

      

    

   

 

 

     
 
  
 

 

TH

  

jn od nie em 14. See instruations on
aA;

saps ng Ue 9

   
 

7. (X if afplicable} AN AP bLICA fON"WAS PREVIOUSLY SUBMITTED ON (rvyyyMmMob)

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 17.

if military documents or medical records are relevant to your case, please send copies.)

  

8.

   
   
  

  

9. TYPE OF REVIEW REQUESTED /(X one)

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

SUBMITTED BY ME. | AND/OR {counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

| AND/OR /(counsel/representative} WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.

| AND/OR (counsel/representative} WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
fenter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)
10.a. COUNSEL/REPRESENTATIVE (/f any/ NAME (Last, First, Middle initial AND ADDRESS |b: TELEPHONE NUMBER finciude Area Code}

(See Item 10 of the instructions about counsel/representative.}

 
     
     
  
  

 
 
   

 

  
   
 

 

c. E-MAIL

 
 
 

 

  
   

d. FAX NUMBER f/nclude Area Code}

 

    

. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF OF
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate

      
    

 

   

 

 

 

 

 

 

    
     

 

 

 

 

   

the name (print) and relationship by marking a box below.
SPOUSE WIDOW | WIDOWER | NEXT OF KIN | LEGAL REPRESENTATIVE OTHER (Specify)
12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE NUMBER (Include Area Code!

    

(Forward notification of any change in address.) mathe ee

       

c EMAL oy) ne eo
d. FAX BOIMBEC4inchice Area CRday

        

 

   
    

 

 

      
 

CASE NUMBER
(Do not write in this space.)

 

13. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 10017, provide that an individual shall be fined under this title or imprisoned not more than 5 years,

   

 

  

 

or both,}
- je j b. DATE SIGNED - REQUIRED
a. SIGNATURE - REQUIRED (Applicant or person in Item 11 above) IVEY FO ALO -COYY 7
Zosf O07 /6
DD FORM 293,KUG 2003 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 Pages

a
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

27 FEB 2001 ©

MEMORANDUM FOR AMN , 344 TRS
FROM: 344 TRS/DOM

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for Fraudulent Entry
discharge. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.15. Ifmy
recommendation is approved, your service will be characterized as Honorable or General. I am
recommending that your service be-characterized as Under Honorable Conditions (General).

2. My reasons for this action are: On or about 30 Jan 01, you were seen at Wilford Hall Medical
Center for lower back pain. You admitted to having pre-existent lower back pain and that you

denied it at MEPS.

3. Copies of the documents to be forwarded to the separation authority in support of this

recommendation are attached. The commander exercising SPCM jurisdiction or a higher

.. authority will decide whether you will be discharged or retained in the Air Force and , if you are
discharged, how your service will be characterized. If you are discharged, you will be ineli gible

for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may

be subject to recoupment.

4. You have the nght to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult the Area Defense Counsel (ADC) at Bldg 1000
2nd floor on at . You may consult civilian counsel at

your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by (allow 3 workdays) Z Méur_P | unless
you request and receive an extension for good cause shown. I will send them to the separation

authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the Orderly Room, Bldg 156.
8. You have been scheduled for a medical examination. You must report to Bldg 6612, Room
502, Monday - Friday between the hours of 1300 - 1500 with your medical, immunization, and

dental records for the examination.

9. Execute the attached acknowledgment and return it to me immediately.

Commander, Military Training Flight

Attachment:

1.
2.
3.
4,
5:

Automated Version of SF 600 dated 16 Jan 01
2 Chronological Record of Medical Care dated 16 Jan 01, 30 Jan 01

WHMC Form 2967 dated 24 Jan 01
Applicant Medical Prescreening Form dated 21 Oct 99

Report of Medical History dated 21 Oct 99
| O1 MAR 2001
_ MEMORANDUM FOR 37 TRG/CC

FROM: 37 TRW/JAM

SUBJECT: Legal Review of Administrative Discharge Under AFPD 36-32 and AFI 36-3208,
Para 5.15 | ,

1. Discharge AMIN _ from the United States Air

Force with an Under Honorable Conditions (General) Discharge. This service
characterization is appropriate since significant negative aspects of his misconduct outweigh the
positive aspects of his military record. I agree with the commander, 37" Training Group, that

probation and rehabilitation is not appropriate.

2. Authority for this action is AFPD 36-32 and AFI 36-3208, Paragraph 5.15, Fraudulent
Entry.

. - Assistant Staff Judge Advocate -
Attachment:

Case File

Attorney Work Product
This is a privileged document. It will not be released in whole nor in part
without the approval of the Staff Judge Advocate.

Be