AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
COtll'l!IEL	NAME OFCOUNSCL AND OR ORGANll.ATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x
VOTE OFmE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x

x
...
x
...
...	x
x
ISSUES	A29.00	IND£XNUM8ER	A06.00	EXHIBITS SUBMI'ITl:D TO Tiit: BOARD
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 TIMEOF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

lfEARINC  DATE	CASE NUMBER

19 May 2016	FD-2016-00065
M'l'UCAl'Q"S !SSW.AND 1JBJIOIUI)'$ DllCISIOMAL MDONALB .USDISCtlSSliD ON1'1111ATTAOUDAll!.FalCl!DISC8Aaol! llMBW BOAIU> LJtiC WAL'RA1'DAUI.

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.

(b) (6)

---	INDORSEMENT	I
TO:	FROM:

SAF/MRBR

SECRETARY OFTilE AJll FOllCE Pl!JISONN£L COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
SSO C STREET WEST, SUITE 40	1535 COMMAND DR,££ WING, JRDFLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS  "111,MD 20761-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00065	

GENERAL:  The applicant appeals for his uncharacterized entry level separation to be characterized as 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 finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: The applicant received an Entry Level Separation discharge for Erroneous Enlistment. 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 indicates in his application that the Department of Veterans Affairs (DVA) has granted him service connection for migraine headaches rated at 30 percent.  He raises no other issues in his application. The applicant's discharge was in accordance with AFI 36-3208, paragraph  5.14, Basis for  Discharge Erroneous Enlistment.   AFI 36-3208, paragraph 5.13.3, Erroneous Enlistments , defines an erroneous enlistment as one the Air Force should not have accepted but it does not involve fraud.  The applicant's discharge reflects he was discharged with Migraines, a condition that disqualified him for enlistment according to AFI 48-123V2, paragraph A3.21.5.  Additionally , because his condition manifested within 180 days of his enlistment, his condition according to DoD guidance was considered to have existed prior to his entrance into service.  The records indicate the applicant 's condition was so severe that it prevented continued training.  The Board notes the granting of service connection for the applicant's migraines by the DVA, but further notes that this does not constitute evidence of an inequity or impropriety that supports a change of the applicant's discharge by the Board.  A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge.  Pursuant to AFI 36-3208, paragraph  1.19.1,
Entry Level Separation, airmen are in entry level status during the first 180 days of continuous active duty service and such service is only characterized as honorable when clearly warranted by unusual circumstances of personal conduct and performance of military duty. After a thorough review of the record, the Board found no evidence to justify characterizing the applicant's service as honorable or to change the reason for the discharge.

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.

In view of the foregoing findings, the Board found no evidence to justi fy characterizing the applicant 's service or to change the reason and authority for the discharge.

Attachment: Examiner's Brief