AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2019-00568 	
					
GENERAL:  The applicant was discharged on 29 Apr 19 in accordance with AFI 36-3209 with an Honorable discharge for Fraudulent Entry.  The applicant appealed for a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 28 Jan 20.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  The applicant was not represented by counsel.    

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service. 
  
FINDING:  The DRB voted unanimously to deny the applicant’s request to change the discharge narrative reason to reflect Secretarial Authority, and to change the reenlistment eligibility code to 3K.

DISCUSSION:  The DRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, is authorized to change the characterization of service and the narrative reason for discharge if such changes are warranted.  If applicable, the board can also change the applicant’s reenlistment eligibility code.  In reviewing discharges, the board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant.  The board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety.  

The applicant’s record of service did not include any disciplinary actions. 

The applicant contended the discharge was improper because a Navy recruiter misinformed the Air Force recruiter about his status in the Navy Reserve.  The applicant states that he originally took the ASVAB exam and physical fitness test with the Navy but they could not place him in a job at that time.  The applicant states that he went to the Air Force recruiter and they found him a job on the spot, so he enlisted in the Air Force.  The applicant insists that upon receiving a call from the Navy recruiter to inform him that he now had a job for him, that he divulged to the recruiter that he signed an enlistment contract with the Air Force Reserve.  The applicant states two days later, the Navy Recruiter informed him that he could still join the Navy since he had not left for training.  The applicant states he proceeded to MEPS for the NAVY and signed an enlistment contract while there.  The applicant insists that after considering both branches, he contacted the Navy recruiter and informed him of the decision to stay with the Air Force.  The applicant states he was notified two months later that he was being discharged from the Air Force for fraudulent entry because he enlisted with the Navy three days prior to enlisting in the Air Force.  The applicant provided both enlistment documents that show he enlisted in the Air Force first.  He is requesting the change in order to enlist in the Texas ANG.  

The DRB reviewed the applicant’s entire record and found the enlistment for the Air Force and the Navy.  The board determined the applicant erroneously signed enlistment documents for both branches.  The board concluded there was no evidence of impropriety or inequity to warrant any changes to the discharge.
 
If the applicant can provide additional information to substantiate his contentions, the board recommends he exercise the right to make a personal appearance before the DRB or appeal the DRB’s decision to the Air Force Board for Correction of Military Records.    

CONCLUSION:  The board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge.  Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved. 

The DRB results were approved by the board president on 28 Jan 2020.  If desired, the applicant can request a list of the board members and their votes by writing to:  
Air Force Review Boards Agency
Attn: Discharge Review Board
1500 West Perimeter road, Suite 3700
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief