AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

        
   
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE a x | RECORD REVIEW
NS NAME OF COUNSEL AND OR ORGANIZATION ° ADDRESS AND OR ORGANIZATION OF COUNSEL
Hl ¥ ‘BOARS
| _ MEMBER SITTING HON | GEN UOTHC OTHER | DENY
xX
| x
— —T T
x
7 4
x
i | je ie ees
xX
ISSUES A94,53 INDEX NUMBER A62.00
1 |ORDER APPOINTING THE BOARD
[2 [APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 [BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
| _|PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
22 Jun 2011 FD-2009-00714

     
   

   

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.

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

 

 

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

L |

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00714

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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 denies the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE:

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he made an honest mistake on his contract for enlistment and that he was indeed receiving 10%
disability for military injury when he checked the form stating he was not receiving it. The record indicates
the applicant received a General discharge from the West Virginia Air National Guard for Fraudulent Entry.
Upon review of the record, the Board was unable to find any documentation regarding the discharge. Due to
lack of evidence and supporting documentation to explain the discharge, the Board concludes that the
misconduct was a significant departure from the conduct expected of all military members. The Board relies
on the presumption of regularity and finds the characterization appropriate.

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.

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for
upgrade of discharge and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
OMB No. 0704-0004

OMB approval expires
Oct 31, 2009

 
   
    
 
 

APPLICATION FOR THE REVIEW OF DISCHARGE
. FROM THE ARMED FORCES OF THE UNITED STATES

(Please read instructions on Pages 3 and 4 BEFORE completing this application.)
| maintaining te data needed, and campeting and nero oe ons nay one oS ;

suggestions. for reducing the burden, to te Department af Defense, Ex

shalbbe sutiject to. any penalty for'failing ta-comply:
fo. ita ABOVE ORC NIZATION: ‘RETURN:

  

 
      

¢. GRADE/RANK AT seaee
E- 5/SSGT

 
  

"YY MME) if date is more than 15 years
ago, submit a DD Form 149)

ih 9 Dooooo0a HANGE TO UNCHARACTERIZED

3 UNIT AND LOGATION AT DISCHARGE im BAD CONDUCT (Special court- martial only) t applicable for Air Force,
OR SEPARATION ———— & i

Vouapuesronwy | [Rey
[= SSuE sw A

a" UPGRADE OR CHANGE IS'REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on

1 DE DIE MAKE AN'HONEST MISTAKE ON MY CONTRACT OF ENLISTMENT. I WAS RECIEVING 10% DISABLITY FORA
MILITARY INJURY. I MAKKED I WAS NOT RECIEVING.THIS WAS AN HONEST MISTAKE. I HAVE AN HONARBAL IS

(DISCHARGE FROM THE US ARMY FOR 6 YEARS

     
 
    
  

     
   
  

   
   
   
  

 
   
     

 
   

SEPARATION:

       

   

 

       
 
     

SUPE : -APBE i "DOCUMENTS ARE SUBMITTED * EVIDENGE: (Continue in Item 14.
if military documents or medical Feeords are hrelavant fo your case, please send copies.)

-REPORT OF SEPERATION NGB 22EF
INGB 439,20061101

   
 

  
 
  
  
  
  

     
 

"9. TYPE OF REVIEW REQUESTED (X one)

CONDUCT A REC ORE: REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

SUBMITTED BY ME. | ANDIOR (counselepresentative) WILL NOT APPEAR BEFORE THE BOARD.

LANDIOR: {counselrepresentatve) WISH TO APPEAR ATA HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, B. C, METROPOLITAN AREA.

& ; K
(enter city:

 
    
   

 
    
    

. TAT IE: (Last, First, Middle Initial) AN
(See item 10 of the instructions about coumelfonssecdistie )

     
   
  

 
   

11. APPLICANT MUST SIGN IN ITEM 42.a. BELOW. If the jetent in question is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INGOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant,
jndicate the name (print) and relationship by marking a box below.

  
    
 
  
 
 
 

 

   

CASE NUMBER

42. GERTIEIGATION. tmake-the ‘ocegeing statements, as part of my claim, with full knowledge of the So.
(Do not write in this space.)

penalties involved for willfully making a false statement.or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shail be fined under this title or imprisoned not more than 5 years, or both.)

a. SIGNATURE REQUIRED /Apniicant ar Person in Item 11 above)

 
  

   
 
   
 
        

PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages

FormFlow/Adobe Designer? 7.0

nn

DD run cze, ney auyo
DEPARTMENT OF THE AiR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

: :

- AFDRB BRIEF

NAME (Last. First. MI): DOCKET # COMPONENT: .
FD-2009-00714 ANG
TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL WEST VA, ANG 01 AUG 09 HONORABLE
DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: Cc. TIME LOST:
06 OCT 74 31 34 SSGT SSGT 09 JUL 06 UNKNOWN
AFSC: 2F031 - FUEL APPRENTICE DEP DT: UNKNOWN | ASVAB SCORES:
D. ART 15/ VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
UNKNOWN UNKNOWN GCM: UNKNOWN UNKNOWN :

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
‘NONE ;
G. AWARDS & DECS: ACMw/30LC, AAM, NDSM, AFEM ,HSM, AOSR, USAFNCOPMEGR, SAEMRw/1SS, ASR, UNM

APPLN (DD FORM 293) DTD: | Di/ INITIALS: _[ NPAPA: NPA
19 NOV 09

17MAR11/CM
RECORDS : |MPR:NO | ARMS: YES STR: NO ISSUES: YES ATTACHMENTS: YES

AUTH FOR DISCHARGE : AFI 36 - 3209 PARA 3.15.4 (FRADULENT ENTRY) .:

    
   

  

     

     

    
    

      
  
      
     

   

     
        
    
  

   

TAMS: 3 YRS 0 MOS 23 DAS

BOARD REGION:

   
  
   

     
  

  
     
 

        
 

4

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

   

EXAMINER'S NOTE. NO DISCHARGE PACKAGE IN MEMBERS RECORD.

  

©SAF/MRBR V10709
OMB No. 0704-0004
OMB approval expires
Oct 31, 2009 :

APPLICATION FOR THE REVIEW OF DISCHARGE
_ FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application. )

1 88 ONT ng data sources, gathering a d
of this collection of information, including

j j@-pUbIC reporting burg Zz : Fis esumais ; a 7 he ;
, 4 ie ihe. cofeetion o of information, Send. comments ase ‘this: pects B mate or any other @ a
maintaining the-data needed, and comp ating and reviewing’ sti angen ee proton sens

suggestions: for reducing the burden, to the Department of Defense, Fxecutive Services Directorate (0704-0004). Respondents should: ‘be.aware tnat notwi

x URE: Valuntary however, failure. to. prauide identifying information may impede processing of this application. The request for Social
Secu Nha ber i is apictly fo assure a RESP oe of the individual and eporopriet® records.

6. GRADE/RANK AT SRERRSE d. SOCIAL SECURITY NUMBER
E-5/SSGT

" (WYYYMMBD) (if date i$ n more than 15 years
ago, sébawt a OD. Form 149)

{Rvug9 ‘booeooae

UNIT BN LOCATON AT BGERANGE | — [ono CoOUCT Sel carne Sa)
OR SEPARATION tt nenmaacrenaee
fOr AIR UBT WING

wa SRST OTIS ERROR TE

fi edhe, AN’ HONEST MISTAKE ON MY CONTRACT OF ENLISTMENT. IT WAS RECIEVING 10% DISABLITY FORA
MILITARY INJURY. I MAKKED I WAS NOT RECIEVING.THIS WAS AN HONEST MISTAKE. I HAVE AN HONARBAL IS

(DISCHARGE FROM THE US ARMY FOR 6 YEARS

 

lf military documeats or medical records 4 are relevant fo youre case, a, please send canes: )

[REPORT OF SEPERATION NGB 22EF
INGB 439,20061101

9, TYPE OF REVIEW REQUESTED x one)

4 ANTS 5 SouhSSUSRSSaTERGSy wish 70 ABPEAR AT K HEARING AY NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, B. &, METROPOLITAN AREA.

; NE ; (Last, First, Middle Initial) A
(See item 10 of the merece about counsel/representative. )

11, APPLICANT MUST SIGN IN ITEM 12.a. BELOW. ff the Tecordy 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 a ee __ and relationship by marking a box below.

42, CERTIFICATION, I make the foregoing statements, as part of my claim, with full knowledge of the
penaities involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be Fined under this title or imprisoned not more than § years, or both.)

a, SIMA THEE -BERIHOER /Aaniinaat a> --—-9 In em 11 above) b. DATE SIGNED - REQUIRED
{YYYYIMMDD)

(Do not write in this space.)

        

Page 1 of 4 Pages
PareiF kant sabe Designer? 7a

Se

yaa = i‘ “
DD FURKM 293, NOW Z006 PREVIOUS EDITION IS OBSOLETE.