Search Decisions

Decision Text

AF | DRB | CY2011 | FD-2010-00127
Original file (FD-2010-00127.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

  

GRADE AFSN/SSAN

  

 

   

TYPE GEN

 

 

PERSONAL APPEARANCE

xX RECORD REVIEW

 

 

   

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING i HON GEN UOTHC OTHER DENY
X*+
X*+
X*+
X*+
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
08 May 2012 FD-2010-00127

 

ae

 

Case heard in Washington, D.C.

application to the AFBCMR.

 

+RE Code

TO:
SAF/MRBR

550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

ot

*Narrative Reason and Authority

  
  

 

 
 

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

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

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00127

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 denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.

ISSUE: Applicant received a General discharge for Fraudulent Entry into the Military

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that his recruiter asked about his prior arrests or convictions but stated that they were not an issue
since they happened prior to age 18. The record indicates the applicant received a General discharge for
Fraudulent Entry into Military Service. 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; reason for discharge and the reenlistment code were 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

Similar Decisions

  • AF | DRB | CY2010 | FD-2010-00407

    Original file (FD-2010-00407.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No X MEMBER SITTING : HON GEN UOTHC OTHER DENY { xX+* X+* X+* X+* | x ISSUES A94.05 INDEX NUMBER A49.00 1 J|ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...

  • AF | DRB | CY2010 | FD-2009-00028

    Original file (FD-2009-00028.pdf) Auto-classification: Denied

    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 AFR, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE- FD-2009-00028 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. After a...

  • AF | DRB | CY2013 | FD-2013-00599

    Original file (FD-2013-00599.rtf) Auto-classification: Denied

    GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authorityforthedischarge,andtochangethereenlistmentcode.The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at AndrewsAFBon04 Apr2014.Thefollowingadditionalexhibitsweresubmittedat thehearing: Exhibit#5:CharacterreferenceletterTheattachedbriefcontainsavailablepertinentdataon theapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard...

  • AF | DRB | CY2010 | FD-2010-00410

    Original file (FD-2010-00410.pdf) Auto-classification: Denied

    *Narrative reason and Authority +Re Code SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 dm [Qi jm ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE X*+ COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING Names and votes will be made available to the applicant at the applicant’s request. | SECRETARY OF THE amered fone AIR FORCE...

  • AF | DRB | CY2010 | FD-2010-00301

    Original file (FD-2010-00301.pdf) Auto-classification: Denied

    Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00301 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. FINDING: The Board denies the upgrade of the discharge, change...

  • AF | DRB | CY2010 | FD-2010-00412

    Original file (FD-2010-00412.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW icp : i NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN voTHC | OTHER DENY X*+ Ke X#+ X*+ i i Xe ISSUES A93.01 INDEX NUMBER A67.05 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...

  • AF | DRB | CY2010 | FD-2010-00346

    Original file (FD-2010-00346.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE x RECORD REVIEW : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY COE QTR WPAT Tenor X*+ COL xK* + LTC X*+ MAJ K¥+ MSG | issugs A94.53 INDEX NUMBER A67.30 fee 1 /ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL...

  • AF | DRB | CY2010 | FD-2009-00053

    Original file (FD-2009-00053.pdf) Auto-classification: Denied

    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. FINDING: The Board denies the change of reason and authority for discharge and change of reenlistment code. However, upon further review of his enlistment documentation, applicant never disclosed his pre-service drug usage.

  • AF | DRB | CY2010 | FD-2010-00417

    Original file (FD-2010-00417.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW z a BBE) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL RAT RI Tern HON GEN UOTHC OTHER DENY Xx x x : x X ‘SSUES A92.35 INDEX NUMBER 66.00 A92.01 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...

  • AF | DRB | CY2010 | FD-2010-00403

    Original file (FD-2010-00403.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN “| o_/ TYPE GEN PERSONAL APPEARANCE xX | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No X MEMBER SITTING HON GEN UOTHC | OTHER DENY i x | ; xX xX x 4 ISSUES A94.53 INDEX NUMBER A66.00 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...