AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

 

X	RECORD REVIE
ADDRESS AND OR ORGMUZATIOl'I OFCOUN.SEL

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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

KEARING DATE	CASE NUMBER

19 Jul 2013	FD-2013--00178

Case heard in Washington, D.C.

Advise applicant of the decision of the Board,the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCtvm..

Names and votes will be made available to the applicant at the applicant 's request.

TO:

SAF!MRBR
550 CSTREET WEST,SUITE 40 RANDOLPH AFB,TX 78150-4742

SECRETARY OFnu:AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARJ> 1535COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB,MD l016l-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00178	

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. Applicant contends his discharge was not fair because it was based on an incident prior to his enlistment into the Air Force. The record indicates the applicant falsely stated on his United States Air Force Drug and Alcohol Certificate dated 28 June 1995, that he had never used or experimented with marijuana. Based on his statement to AFOSI, the applicant knew this statement to be false. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The Board found no evidence of impropriety or inequity.

In addition to not disclosing his previous drug use, the applicant received two Letters of Reprimand. His misconduct included being involved in a government vehicle accident and not notifying the appropriate control center immediately and providing a false statement that you completed the ART/SRT test during
your shift. 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