AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
- - - - - - - - - - - - - - - - - - - - - - - - -.

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AMN

PERSONAL  APPEARANCE	X	RECORD  REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

r	1
- - - - - - - - - - - - - - - - - - - - - -_:coUNSEL

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MEMBER SITIING

HON	GEN	UOTHC
X+ X+

OTHER

DENY

ISSUES

A94.02 A95.00

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INDEX NUMBER

A62.00

X+
x
X+

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 EXHI IT	UBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASll NUMBER

10 May 2005

FD-2004-00418

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.

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

+ CHANGE REASON TO ERRONEOUS ENTRY

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :::HTimm l.RR.'W:.110 1 usui - _ _ _ .-_-----

TO:

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

FROM:

SECllETARY OF THE AIR FORCE PONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	FD-2004-00418

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

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  The Board grants partial relief.
The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the applicant's reason for discharge inequitable.

ISSUES:

Issues 1 & 2. Applicant believes his discharge is improper in that he was the recipient of a constructive waiver of discharge pursuant to AFI 36-3208, paragraph 5.19.3 and his discharge was inequitable in that the grounds used for his discharge were based upon the response to one question in his enlistment paperwork and that response was given only upon the advice of his recruiter. The records indicated the applicant received an Article 15 and a vacation action which subsequently led to a general discharge for fraudulent entry. The member states his recruiter instructed him in completing the AF Form 2030, USAF Drug and Alcohol Abuse Certificate. Prior to enlisting, the member had his criminal convictions expunged and was informed by the State of Utah, he could proceed with his life as if nothing ever happened. Upon his enlistment, the member selected "no" to the question pertaining to his convictions. The Board believed the applicant when he stated he did not intend to mislead the Air Force about his criminal convictions and; therefore, his enlistment was erroneous rather than fraudulent. That being the case, the Board opined that a general discharge is too harsh and his discharge characterization should be changed to honorable.

Issue 3. The issue ofreinstatement is not under the purview of the Air Force Discharge Review Board and not addressed.

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.

However,  in view  of the foregoing  findings,  the Board  further  concludes  that  the overall quality of
applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described as Erroneous Entry under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief