| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||
| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARAN CE |
GRADE |
AFSN/SSAN |
| RECORD REVIEW | ||
| NAME OF COUNSEL AND OR ORGANIUTION | ADDRESS AND OR ORGANIZATION OFCO\JNSl!L | |
| X+* | ||||
| X+* | ||||
| X+* | ||||
| X+* | ||||
| X+* | ||||
| ISSlltS | A93.11 A94.55 |
INDEX NU MB.ER | A62.00 | |
| I | ORDER APPOINTING THE BOARD | |||
| 2 | APPLJCATION FOR REVIEW OF DISCHARGE | |||
| 3 | LETTER OF NOTIFICATION | |||
| 4 | BRIEF OF PERSONNEL FILE | |||
| COUNSEL'S RELEASE TO THE BOARD | ||||
| ADDITIONAL EXHffiITS SUBMITTED AT TIME OF PERSONAL APPEARANCE | ||||
| TAPE RECORDING OF PERSONAL APPEARANCE HEARING | ||||
| H£AJIJNG DATE 02 Jul 2013 |
C-ASE NUMBER FD-2013-00222 |
|||
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00222 |
| 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 appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 02 Jul 2013. The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDING: Upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied. The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge. ISSUE 1: The applicant was discharged with an under honorable conditions (general) discharge for Fraudulent Entry. Applicant contends discharge was inequitable because it was unfair. He also states that it was a clerical error or oversight that he and his recruiter left some important information off his Questionnaire for National Security Position (SF-86). He also testified he would never have intentionally covered up his financial state because he knew a record check would be performed. He also testified that his recruiter instructed him not to fill out his security forms completely because they were on a tight deadline due to him shipping out for Basic Training in April of 2008. The applicant did provide a letter from his recruiter; however her letter didn't provide any details that support the applicant's contentions. The record indicates that during his initial enlistment into the Air Force Reserve, applicant fraudulently made statements and later signed official documents regarding financial delinquencies and legal issues that the applicant knew were false. A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. The Board found no evidence to justify an upgrade of the discharge. The characterization of the discharge received by the applicant was found to be appropriate.
ISSUE 2: Applicant contends his discharge was inequitable because he was denied a face to face for his demotion action and discharge. He feels had he had a chance to explain his case and present supporting evidence, the outcome would have been different. The Board was sympathetic to the applicant's plight, but determined the applicant was not entitled to an Administrative Discharge Board due to his less than four years of service. Additionally, there was no evidence presented to show applicant was barred from speaking to his commander. The applicant submitted evidence that he was denied participation for points and pay, but this did not preclude presenting his case to the commander in person. The Board found no impropriety in the notification and processing of the applicant's administrative discharge. The Board found applicant's claim of inequity unsubstantiated.
ISSUE 3: 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
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