AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
NAM E OF SERVICE MEMBER (LAST,  FIRST MIDDLE  I NITIAL)	G RADE	AFSN/SSAN

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VOTE OF THE BOARD

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ISSUJCS

A94.05 A62.05

INDEX NUMBER	A62.00

EXHIBITS SUBMITTE·l) TO 'rHE BOARD

,;:;     ,

ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW 01' DISCHARGE
3	LETTER OF NOTIFICATION
4	HRIEF Or PERSON N EL rl LE
COU NSFl «S R r:J.r:ASF ro lllf BOA RD
l--+-A. =DD= ll 'IO. N A LE.x H 1s==1 T=sSl_ I BM l T T E DA T TI M [·. ()-!·' -·----·-·--·-·
PERSONAL APPEA RANCE
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TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DA TF.	CASE NUMBER

25 Jan 2007	FD-2005-0026 I

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APPUCANT'S lSS\Jl'i ANO THE BOARD'S Ol!CISJONAL RAnoNAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW SOARD DECISIONAL RATJON ALE
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Case heard in Washi ngton, 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 AFBCM R

Names and votes will be made available to the applicant at the applicant's req uest

INDORSEMENT	DATE: 2/612007

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T	SAF/MRBR

_ROM:

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL

,  ,    , •	AIR FORCE OISCHARGE REVJJ;W BOAR))
550 C S I R EE I Wf'ST, SUITE 40	1535 COMMAND  DR, EE  WING,JRD  nOOR
RANDOLPH AFB, TX 781 50-4742	ANl>RRWS AFll, MO lll76Z-71Mll

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AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous ed ition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00261	

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

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:  Upgrade of discharge is denied.

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

ISSUES:  Applicant received a General Discharge for Fraudulent Entry Into Military Service.

ISSUE  I. Applicant contends discharge was inequitable because it was too harsh.  He contends that his recruiter allowed him to continue with the enlistment process even though he disclosed the fact that had experimented with drugs in his sophomore year.  He states his drug use was experimental and a one-time occurrence.  ln addition, he served honorable and his performance outstanding.  A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge.  Unfortunately, the applicant's discharge processing files were missing from the record.  Because the files were unavailable to the Board for review, and no evidence to substantiate any inequities or improprieties, the Board relies on the presumption of regularity and finds the discharge proper and without basis for upgrade.

ISSUE 2.  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 Revi ew Board concludes that the discharge  was  consistent  with  the proced ural and substantive requi rements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was prov ided full adm i nistrative 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