AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

'-   NAME OF SE)tVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

SRA
X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC	OTHER

DENY
x x x
x
x

ISSUES

i

A92. 15 A92.21 A62.05

INDEX NUMBER

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

HEARil'iG DA TE	CASE NUMBER

18 Aug 2004	FD-2004-00192

'
"' Case heard at 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.

--------------------·	-------:_J_____./.l_ _ _ _ _ _ _ _ _ /1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _·_ _ _ _ _ _ ,

SAF/MRBR
550 C STREET WES	UITE 40 RANDOLPH AFB. TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCil. AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EEWING, JRD FLOOR
ANDREWS AFB, MD 207627002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2004-00192	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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 is denied.

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

Issue 1. Applicant was discharged for fraudulent enlistment. During the course of a security clearance background investigation, derogatory information about multiple civilian arrests and convictions involving grand theft, burglary, possession of drug paraphernalia, minor in possession of alcohol, possession of a switchblade knife, and disorderly conduct was discovered which applicant had not entered on his enlistment forms. 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 because the recruiter told him to, and requested an honorable discharge. He also noted his accomplishments while in the Air Force and submitted six character references from co-workers. The Board could find no evidence of record to substantiate applicant's contention of recruiter misconduct and no evidence of an impropriety in processing the discharge.

Issue 2. Applicant now infers his record of achievements while in the Air Force and his post-service accomplishments may provide a basis on which to justify an upgrade of his discharge. While the Board appreciates the quality of service rendered by applicant and is glad he is doing well since 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; clemency is not available as a reason for upgrading an administrative discharge. 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, it is doubtful applicant would have been allowed into the Air Force based on his extensive pre-service arrest record. The Board finds the discharge proper; the records review disclosed no inequity or impropriety on which to base an upgrade.

Issue 3. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief