AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00435 |
| 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 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: The applicant was discharged with an under honorable conditions (general) discharge for Fraudulent Entry into the Military. Applicant contends discharge was inequitable because his recruiter instructed him not to include his use of illegal substances when he was a young teen. He also states that during his security upgrade he decided to answer the questions truthfully and they didn't match the previous answers when he enlisted. The records indicated on 4 October 2001, during an interview with OSI, the applicant admitted to using marijuana approximately 1500 times prior to entering the Air Force. He also admitted to frequent experimentation with mushrooms, acid, ecstasy, and opium. The records did not show his discharge was a result of the recruiter's undue influence. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate. In addition, the applicant received two Letters of Reprimand and Records of Individual Counseling. His misconduct included failure to go at prescribed time (x3) and departed duty section without proper authorization. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
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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lORDERAPPOINTINGTHEBOARDAPPLICATIONFORREVIEWOFDISCHARGE LETTER OFNOTIFICATION4 BRIEForPERSONNELFILE COUNSEL'SRELEASETO THEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONALAPPEARANCE TAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARING DATE CASENU!\:IBER12May2014 FD-2013-00220CaseheardinWashington,D.C.Adviseapplicantofthedecisionof theBoardandthe righttosubmitanapplicationtotheAFBCMR. TO•SAF/MRBR550CSTREET WEST,SUITE40 RANDOLPHAFB,TX78150-4742 SECRETARYOF THEAIRFORCEPERSONNELCOUNCIL...