AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB

.AFS-NISSA.N	.

RECORD REVIEW
ADDRESS AND OR ORGANlZA TION OF COUNSEL

MEMBER SITTING	HON	GEN

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UOTHC

OTHER

DENY
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ISSU ES

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A62.05	INDEX NU!HBER	A62.00

I H EAIU:'I-(;-DA-Ti: --------ClASf. NUMBER
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
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TAPE RECORDING OF PERSONAL APPEARANCE

05 Jan 2005
I:'.:tV1mr-+ );i::

I Case heard at Wash ington, D.C.
I
' Ad i ise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an appl ication to the AFBCMR.

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L

SAF/M RB
55(1 C STRE	. SUITE 40
- RANDOLPH AFB, TX 78150-4742

A FHQ FORM 0-2077, JA N 00

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COl'NCIL AIR FORCE DISCHARGE  REVll:W BOARD
lSJS COMMAND DR, EE 'WING, JRD FLOOR ANDREWS AFB, MD 20i62- 7002

(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIE\V BOARD DECISIONAL  RATIONALE	CASE NUJ\'J BER

FD2004-00278	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change his reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board  but  declined  to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge and change of reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequi ty or impropriety that would justify a change of discharge.

Issue I . Applicant was discharged for fraudulent enlistment. Member also had an Article 15 for underage drinking and driving a car while drunk resulting in a motor vehicle accident causing serious bodily injury to himself, as well as a Letter of Reprimand for failure to go. Member's  drunk-driving  accident  occurred while he was on leave in a different state than where he was assigned. His hospitalization caused him to be unable to return to duty when expected, and further resulted  in his inability to continue performi ng his duties as a Security Forces member. During the course of determining the facts surrounding this incident, it was then learned that member had a pre-service drunk driving conviction which resulted in a motor vehicle accident with a civilian police cruiser, which part of his sentence required he make  restitution  for the damages amounting to between $4,000.00 and $5,000.00. He failed to do so. When applicant entered the military, he failed to disclose this earlier civilian conviction. At the time  of  the  discharge,  member consulted counsel and submitted a statement in his own behalf in which he admitted he withheld information on his enlistment forms, claiming the recruiter told him to, and requesting retention, or in the alternative, an honorable discharge. He also noted his accomplishments while in the  Air  Force  and submitted several character references from co-workers. The applicant's contention of recruiter misconduct was fully explored prior to his discharge by his chain of command, who also referred the matter to the Air Force Office of Special Investigations. The Report of Investigation disclosed that the recruiter and the recruiting squadron commander denied any recruiter misconduct, noting that enlistment waivers for drunk driving convictions were fairly common and easy to obtain, and they would have requested one had they know of  applicant's conviction. In recommending against retention or an honorable characterization  of service, member's unit commander notes that member failed to learn a lesson from his first drunk driving conviction as evidenced by the second drunk driving incident. Additionally, member apparently failed to disclose the reason for his injuries and it was only after the chain of command investigated that they learned of both drunk-driving  accidents.  The commander states that even when confronted  with this information, he continued to attempt to deceive them. The Board could find no evidence of an impropriety in processing the discharge.

Issue 2. Applicant now states his record of achievements while in the Air Force may provide a basis on which to justify an upgrade of his discharge. Because he received an administrative discharge, not a punitive discharge, the Board must find an inequity or impropriety on which to base an upgrade. The Board noted that the types of offenses applicant was arrested for and fraudulent enlistment constitute serious misconduct that is not compatible with Air Force standards. Additionally, were it not for the falsification of his enlistment documents, applicant may not have been allowed into the Air Force. The Board finds the discharge proper; the records review disclosed no inequity or impropriety on which to base an upgrade.