AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

PERSONAL  APPEARANCE

X	RECORD  REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON	GEN	UOTHC	OTHER

X*+ X*+ X*+ X*+

DENY

ISSUES	A94.06

INDEX NUMBER

A62.00

X*+

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 HEARING

HEARING  DATE	CASE NUMBER

21 Jan 2011	FD-2009-00447

Case heard in Washington, D.C.

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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 l\ ailable to the applicant at the applicant's request.

* CHANGE  RE CODE
+ CHANGE REASON AND A l 1 1 i()RITY TO SECRETARIAL AUTHORITY

SAF/MRBR
550 C STREET WEST, SUI 1 1 RANDOLPH AFB, TX 78 I'>1 ·

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AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous

CASE NUMBER
AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	FD-2009-00447

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and   ·
I
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   1
and requests that the review be completed based on the available service record.	i

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDING:	The Board grants the requested 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 and authority for discharge inequitable.

ISSUE:  Applicant received a General discharge-Fraudulent Entry into Military Service

The applicant contends the narrative reason for his discharge is inequitable because he never lied. After a thorough and complete consideration of the information provided by the applicant and contained  in the records, the DRB concluded there was sufficient evidence to substantiate upgrading  the discharge. Specifically, the Board found the reason and authority for the discharge was too harsh. In the discharge notification memorandum, the commander states the applicant admitted to pre-existing lower back pain that he denied at MEPS. After a complete review of the applicants military medical record the board found that the member admitted to having hurt his back after being tackled playing football in early 2000, but thought the pain had resolved. His specific injury was detected by  x-ray  7 December  2000,  five months  after entering the Air Force. The board opined that although the applicant's injury occurred prior to entering the Air Force, he did not intentionally lie to MEPS personnel and was honest when questioned by Air Force medical personnel after coming on active duty.

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.

However, in vie\\ uf the foregoing findings, the Board concludes that  the  overall  quality  of applicant's service is more accurately reflected by an Honorable discharge, the reason for the discharge is more accurately descri bed as Secretarial Authority, and the reenlistment code changed to 3K under the provisions of Title 10, USC I :) 53.

Attachment: Examiner's Brief