AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME 01" SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

SRA
X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION Ot' COUNSEL

X*+ X*+ X*+

ISSUES

A92. 15 A95.00 AOI.00

INDt'.X NUMBER

A67.00
A62.00	1 ORDER APPOINTING THE BOARD
2  APPLICATION l'OR REVIEW OF DISCHARGE
3  LETTER OP NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
AL EXHIBITS SUBMITTED AT TIME Of
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DA TE	CASE NUMBER

29 Apr 2010	FD-2009-00045

Case heard i n 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 AF13CMR

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

*Reason and Authority
+Reenlistment  Cdoe

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

SECRKTARY OF THE AIR FORCE PERSONNEL COUNOL AIR t'ORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD Fl.OOR ANDREWS AFB, MD 20762·70<)1

AFHQ FORM 0-2077, JAN 00	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00045	

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 decl ined 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 denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he desires to have his discharge upgraded so that he may be eligible to enlist into the armed forces. The record indicates the applicant received a General discharge for fraudulent entry and pattern of misconduct. Upon review of the record, the Board was unable to find any documentation regarding  the discharge. Due to lack of evidence and supporting documentation to explain the  discharge,  the  Board concludes that the misconduct was a significant departure from the conduct expected of all  military members. The Board relies on the presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were appropriate.

Issue	Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters ofrecommendation  and other accomplishments.   They found the seriousness of the willful misconduct offset any positi ve aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

The Board highly recommends that if the applicant can provide additional documented information to substantiate their issue(s), that he should consider exercising his right to make a personal appearance before the Board.  Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any contributions to the community.

CONCLUSION: 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 the applicant was provided full administrative due process.

In view of the foregoing findings, the Board further concludes that there	no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment:
   Examiner's Brief