| lNOORSIMINf | DAT : 8/13'2015 | |||
| TO: | SAf/MRBR 550 C STREET WEST.SU ITE 40 RAN"DOLPH AFB, TX 78150-4742 |
fR0)1: £CRFTARY OFTH&AIR FORO:PERSO'l\EL COU\'"CIL AIR FORCE OISCllARCE R£\1E\\ BOARD 1<3< C'0\1\IAND OR. R Wl...,C. JRD fLOOR A.\'"DRt\\ SAFB,MD 2076l.-7001 |
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| AFH Q FORM 0-2077, JAN 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00010 |
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GENERAL: The applicant appeals for upgrade of discharge to Honorable 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 and change of reenlistment code. ISSUE: The applicant received a General discharge for Fraudulent Entry
The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety.
The applicant contends discharge was improper due to a misunderstanding when he completed his Electronic Questionnaire for Investigations Processing (e-QIP) on August 113, 20 10. When answering "No" to several questions (22a, 22e, 24a), applicant interpreted that as being arrested, not just receiving citations. He stated those were for having tobacco at school and getting into a fight at school. The fraudulent information was found when applicant's First Sergeant was informed of applicant receiving a DUI and command had not been notified. Itwas then discovered that applicant enlisted on June 22, 2010 and that several offenses occurred prior to applicant's enlistment and completion of questionnaire date. Applicant's claim of misunderstanding is without merit due to the section #22, question a: "have you ever been issued a summons, citation, or ticket. ..?" and "have you ever been arrested?" which was answered "No". The characterization of the discharge received by the applicant was found to be appropriate. 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. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization or the reenlistment code.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation , was within the discretion of the discharge authority, and that the applicant was provided full administrative due process.
Inview 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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NAVY | DRB | 2005_Navy | ND0500907
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20020816 by reason of defective enlistment and induction due to fraudulent entry (A) with a service characterization of general (under honorable conditions). Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. When the service of a member of the U.S. Navy has met the standard of...
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On DD Form 2807, Question 17g, the Applicant denied having ever been evaluated or treated for a mental condition. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated by reason of defective enlistment –fraudulent entry. The Applicant's service record did not contain any unusual circumstances during his less than one month in the military to warrant a change of discharge to honorable.
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If you conceal such records at this time, you may, upon enlistment, be subject to disciplinary actions under the provisions of the Uniform Code of Military Justice and/or discharged from the military service with an other than honorable discharge. On 18 March 1976, his immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) due to fraudulent enlistment. His DD Form...
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AIR FORCE DISCHARGE REVTEW BOARD DECISIONAL RATIONALE CASE NUMBER FD2003-00098 GENERAL: 'The applicant appeals for upgrade of discharge to honorable, and to change his reenlistment code. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH AZC) 1. I am recommending your discharge from the United States Air Force for drug abuse and fraudulent entry.