AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00104 |
GENERAL: The applicant appeals for upgrade of discharge to honorable. The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 10 Oct 2013. 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. ISSUE: Applicant received a General discharge for Fraudulent Entry Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant omitted or concealed matters, which he was asked questions about on his Air National Guard enlistment papers. Specifically, he indicated on question 24b, Record of Military Processing, that he had not been denied reenlistment into any branch of the armed Forces of the United States. However, the background check of his security clearance indicated he had been denied reenlistment into the Army. Additionally, on questions I and 3, Statement for Reenlistment in the Air National Guard form, the applicant did not disclose that he was placed on probation due to criminal charges for disorderly conduct. During the course of the hearing, the applicant stated that he did not purposely lie on his enlistment papers and he believed he was being honest at the time based on the phrasing of the questions. However, he did testify that he was aware of an issue with his reenlistment code prior to joining the Air Force, but did not believe it was an issue he needed to disclose to the recruiter. Additionally, he admitted that he should have provided more detail about the disorderly conduct incident, which led to his sentence of probation. He stated he believed these incidents were minor and would have been waived prior to his enlistment had they been disclosed. The applicant was notified on 9 April 2002 of his commander's recommendation to discharge his and his right to an administrative discharge board. The applicant waived his right to have an administrative discharge board hear his case. After complete and thorough review of the records and the testimony provided by the applicant, the Board found the applicant's contentions to have no merit based on his awareness of the issue pertaining to the reenlistment code and admission he should have provided more detail in regards to his disorderly conduct charge and other civil proceedings. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate. The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service.
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 |
AF | DRB | CY2013 | FD-2013-00320
1 ORDER APPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4 BRIEF OF PERSONNELFILE COUNSEL'SRELEASETOTHE BOARD ADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONAL APPEARANCETAPERECORDING OFPERSONAL APPEARANCEHEARINGHEARING DATE CASENUMBER 28Jan2014 FD-2013-00320Caseheardviavideo-teleconferencebetweenJointBaseAndrewsMarylandandRobinsAFBGeorgia Adviseapplicantof thedecisionof theBoardandtherighttosubmitanapplicationtotheAFBCMR. Namesandvoteswillbemadeavailabletotheapplicantat...
AF | DRB | CY2013 | FD-2013-00504_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbased ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00310_13
AIR FORCEDISCHARGEREVIEWBOARDHEARINGRECORDST,FIRSTMIDDLEINITIAL)GRADEONALAPPEARANCE x RECORDREVIEWADDRESSANDORORGANIZATIONOFCOUNSEL MEMBERSITTINGHON GEN UOTHC OTHERDENY X*+X*+1ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONAL EXHIBITSSUBMfITEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBEROlAug2013...
AF | DRB | CY2012 | FD-2012-00201_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOF SERVICEMEMBER(LAST,FIRST MIDDLE L'IJITIAL) GRADEAFSNISSAN x PERSONALAPPEARANCE RECORD REVIEW NAME OFCOUNSELAND ORORGANIZATION(b) (6)ADDRESSANDORORGANIZATIONOFCOUNSEL(b) (6)MEMBERSITTINGHON GEN UOTHCxOTHER DENY ISSUESA92.21A94.55INDEX NUMBERA60.00ORDERAPPOINTING THEBOARDAPPLICATIONFORREVIEW OFDISCHARGELEITEROFNOTIFICATIONBRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITS SUBMITTEDATTIMEOFPERSONALAPPEARANCETAPE...
AF | DRB | CY2013 | FD-2013-00371_13
GENERAL: Theapplicantappealstochangethereasonandauthorityfor thedischarge,andtochangethe reenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbe completedbasedontheavailable servicerecord. Theattachedbrief contains availablepertinentdataontheapplicantandthefactors leadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00465
AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLE INITIAL)GRADEAFSN/SSANTYPE GEN x I PERSONALAPPEARANCEI RECORD REVIEW fJ!. :k::: NAMEOFCOUNSELANDORORGANIZATION YES NoxADDRESSANDORORGANIZATIONOFCOUNSEL:_ .MEMBERSITTINGHON GENUOTHC OTHER DENY X*+ I I I IX*+ISSUES A94.05 INDEXNUMBER A67.10 1ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4...
AF | DRB | CY2015 | FD-2013-00787
GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable. TheapplicantappearedandtestifiedbeforetheDischarge Review .Board(DRB),withcounsel,viavideoteleconferencebetweenJointBaseAndrews Maryland,andJointBaseSanAntonioTexason22Jun2015. Thefollowingwitnessalsotestifiedontheapplicant's behalf: VanessaCamarena.
AF | DRB | CY2013 | FD-2013-00431_13
GENERAL: Theapplicantappeals forupgradeofdischargetohonorable, tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode. theapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbased ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00718
ISSUESA94.S3INDEXNUMBERA92.271ORDERAPPOINTINGTHE BOARD2 APPLJCATIONFORREVIEWOFDISCHARGE3LETTEROFNOTIF!CATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHE BOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEARING DATE CASE NUMBER27Feb2014 FD-2013-00718 CaseheardinWashington,D.C.AdviseapplicantofthedecisionoftheBoard, therighttoapersonalappearancewith/withoutcounsel,andtherighttosubmitanapplicationtotheAFBC.MR.Namesandvoteswillbemade...
AF | DRB | CY2013 | FD-2013-00241_13
GENERAL: Theapplicantappealsforupgradeofdischarge tohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB) butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord.Theattachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoardgrantstherequestedrelief.