AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00420	
					
The applicant was discharged on 21 Nov 2011 in accordance with AFI 36-3208 with an Entry Level/Uncharacterized discharge for Fraudulent Entry into Military Service.  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the narrative reason, and a change to the reenlistment code.  The board was conducted on 9 Jul 2020.  

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 upgrade his discharge characterization to Honorable, to change the narrative reason, and to change the reenlistment eligibility code.
 
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 made no contentions that the discharge was inequitable and improper.  He asserts he disclosed the injury that caused his knee pain and that the injury became aggravated due to the intensity of BMT training.  He claims had he been given a later BMT start date, his injury would have adequately healed and he would have successfully completed training.  He also claims that the injuries he incurred while playing sports were minor and that his recruiter informed him he didn’t need to disclose them on his medical clearance paperwork.  Finally he claims he provided his medical documents relative to the injury when reprocessed through MEPS in Sep 2011, he was not required to complete a new medical history report, and he was cleared.  

A review of the applicant’s military record revealed he was originally processed through MEPS in Mar 2011 upon entering the Delayed Enlistment Program.  He was injured in a motorcycle accident a month later.  He was reprocessed through MEPS prior to entering active duty in Oct 2011.  He started experiencing problems with his knee in the first week of BMT training and was sent to see medical providers.  After an evaluation the medical providers determined he failed to disclose his injury to his knee, both from playing sports and the motorcycle accident.  He was not recommended for a waiver and was discharged with an ELS for fraudulent enlistment.  During the discharge process he submitted a statement dated 10 Nov 2011 admitting he did not disclose his injuries or knee pain for fear of being disqualified from joining the military.

In accordance with AFI 36-3208, Airmen are in entry level status during the first 180 days of continuous active military service.  If separated during this time, they normally receive an Entry Level Separation that is not characterized.  Because it is Air Force policy to not characterize this type of separation, the applicant’s request to “upgrade” it to Honorable could not be approved.  Furthermore, the DRB determined, through his own omission, the applicant did not disclose his prior injuries.  Therefore, the applicant had fraudulently entered the military, and his narrative reason and reenlistment eligibility code could not be changed.

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 13 Jul 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
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief (Applicant Only)