AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

T, FlRST MIDDLE INJTIAL)

GRADE

ONAL APPEARANCE

x	RECORD REVIE

ADDRESS AND OR ORGANIZATION OFCOUNSEL

x

HON

GEN	UOTHC	OTHER

DENY
x x x
x
x

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'SRELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASENVMBER

02 Aug 2013	FD-2013-00249

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 AFBCMR.

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

SAF/MRBR
550 C STREETWEST, SUITE 40
RANDOLPH AFB, TX 781504742

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISUIARGE REVIEW BOAJll)
1535 COMMAND DR, El!WING. JRD FLOOR
ANDREWS AFB, MD 20762-'ltol

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2013-00249	

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 contends that he did not fraudulently enlist in June of 2009. Member documents on entry physical in May 2009 that he had never had any episodes of dizziness, memory loss, head injury, or seizures. In November of 2009 member passed out during a run in last week of basic training and subsequently received several referrals and evaluations for seizure disorder, which would be an unfitting condition. The medical records do not substantiate a definitive diagnosis of seizure disorder. However, the medical record revealed memory loss in October 2007 and May 2008. Additionally in July 2009 member reports a medical history to the primary care provider of a possible seizure as an infant, and  three concussions in the past four years while playing football and rodeo. While a history of seizures is unsubstantiated, the evidence of previous concussion and memory loss is apparent. Therefore, the Discharge Review Board concluded that fraudulent entries were made on the May 2009 entry physical.

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