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
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