AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LASf, FIRST MIDDLE INITIAL)

GRADE

PERSONAL APP.EARANCE

x	RECORD REVIEW
ADDRESS AND OR ORCANIZATI0.'1OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC	OTHER

DENY
x x x x
x

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

HEARING DATE	CASE NUMBER

02 Aug 2013	FD-2013-00435

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.

TO:

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

SECRETARY OFTHE AIR FORCEPERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
ISJS COMMAND DR, EE WING. 3RD FLOOR
ANDREWS AJ'B, MD 107,2-7001

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

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