AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST,FlRST MlDDLE INITIAL)	GRADE	AFSNISSAN	
	RECORD REVIEW	
NAM£ OF COUNSEL AND OR ORCAN1ZAT10N
: )	)	ADDRESS AND OR ORGANIZATION OP COUNSEL.	

MEMBER SITTlNG

HON	GEN	UOTHC	OTHER	DENY

X+* X+* X+*
X+*

ISSUES

A06.00

INDEX NUMBER

A06.00

1 ORDER APPOINTING THE BOARD

X+*

2   APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOmICATION
4 BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARAN CE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

H£ARINC DATE	CASEN\JMDER

20 Nov 2014

FD-2014-00641

Case heard in Washington, D.C.

Advise applicant of the decision of the Board.

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

* CHANGE NARRATIVE REASON AND AUTHORITY TO SECRETARIA L AUTHORITY
+ CHANGE REENTRY CODE TO 3K

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

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535COMMAND DR, tE WINC,3Rll FLOOR
ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00641	

GENERAL: The applicant appeals to change the reason and authority for the discharge and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference between Joint Base Andrews Maryland and Randolph AFB Texas on 20 Nov 2014. The following  witnesses  also testified  on the applicant's  behalf: (b) (6)
(b) (6)

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's  Contentions
Exhibit #6: Character reference letters

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. After a review of the record, the Board unanimously voted to grant the relief requested as discussed below.
FINDING: The Board grants the requested relief. The Board finds evidence in the record to substantiate an impropriety that would justify a change in the narrative reason and reenlistment code. Therefore,  for the reasons specified below, the Board grants the change in the narrative reason for discharge to Secretarial Authority and the change to the reenlistment code to 3K.

ISSUE: 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 character 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 did complete 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.

Applicant contends that his discharge was unwarranted because it was based on an unfounded medical diagnosis that determined that applicant had a pre-existing knee condition prior to enlistment. A review of the record indicates that the applicant injured his knee while on active duty and there was no medical evidence to support a determination that applicant had a pre-existing medical condition. The medical evidence presented by the applicant supported the applicant's contention and revealed that the applicant has no residuals from an injury that completely healed. Given the above, the board determined that his dis.charge for erroneous enlistment was improper and premature .

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.

In view of the foregoing findings, the Board concludes that the reason for the discharge is more accurately described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief