AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-0 1-00045 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge, and 
change of reenlistment eligibility (RE) code. 

The applicant was offered a personal appearance before theaDischarge Review Board  (DRB) but  declined to 
exercise this right. 

The attached brief contains the available pertinent data on the applicant ahd the factors leading to the discharge. 

FINDINGS:  Upgradekhange of reason for discharge and change of RE code are denied. 

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

The applicant's issues are listed in the attached brief. 

Issue 1.  Applicant contends discharge was inequitable because he did not use,  sell or posses drugs at anytime 
during  his  enlistment.  The  records  indicated  the  applicant  signed  a  Questionnaire  for  National  Security 
Positions,  an  USAF  Drug  and  Alcohol  Abuse  Certificate  and  a  Department  of  Defense  Form,  Record  of 
Military Processing stating he had not tried, used or possessed any narcotic, depressant, stimulant, hallucinogen 
or cannabis.  A later investigation revealed that the applicant had  used marijuana, LSD, and cocaine prior to 
entering the  Air  Force.  Accordingly,  he  received  a  general  (under honorable  conditions) discharge for  his 
fraudulent entry into active duty.  The characterization of the discharge received by the applicant was found to 
be appropriate. 

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Issue 2.  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 fact that he did not have any other derogatory information contained in the records; 
such as, Article 15 or Letters of Reprimand.  They found the seriousness of his fraudulent entry into the service 
offset  any  positive  aspects  of  the  applicant's  duty  performance.  The  Board  concluded the  discharge  was 
appropriate for the reasons which were the basis for this case. 

Issue 3 applies to the applicant's  post-service activities.  The DRB was pleased to  see that the applicant'was 
doing well and is trying to get a good job.  However, no inequity or impropriety in his discharge was found in 
the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his 
term of service. 

Issue 4. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on April 28, 
1997) that he understood he must receive  an Honorable discharge to receive future educational entitlements. 
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. 

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FDOl-00045 

CONCLUSIONS:  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 that the applicant was provided full administrative due process. 

[n view of the foregoing findings the board  further concludes that there exists no legal or equitable basis for 
upgradekhange of reason  for discharge and change of RE  code, thus the applicant's discharge should not be 
changed. 

Attachment: 
Examiner's Brief 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE fcEVIEW BOARD 

ANDREWS AFB,  MD 

FD-01-00045 

(Former A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 98/10/16 UP Z F I   36-3208, 
para 5.21.3 (Fraudulent Entry Into Military Service -  Drug Abuse).  Appeals for 
Honorable Disch and to Change the Reason and Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 77/06/23.  Enlmt Age: 19 9/12.  Disch Age: 21 3/12. Educ:HS DIPL. 

AFQT: N/A.  A-90,  E-75,  G-84,  M-65. PAFSC: 23133 -  Ground Radio Communications 
Apprentice. DAS: 98/03/28. 

b.  Prior Sv: AFRes 97/04/08 -  97/04/15 (8 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

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a.  Enld as 97/04/16 for 6 yrs.  Svd: 1 Yrs 6 Mo 1 Das, all AMs. 

b.  Grade Status:  A1C -  97/05/31 

c.  Time Lost:  none. 

e 

d.  Art 15's:  none. 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of  SV: none. 

(Discharged from Ellsworth AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  (1) Yrs  (6) Mos  (9) Das 
TAMS:  (1) Yrs  (6) Mos  (1) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 00/12/12. 

(Change Discharge to Honorable and Change the Reason and Authority for 

Disch) 

Issue 1:  The Undesireable Discharge is not proper due to the fact that i 

did not use drugs or sell drugs or possess drugs at anytime during my 
enlistment.  I was arrested for possession in a civilian enviroment  (sic), I did 
_not have drugs, and the charges were dropped. 

ATCH 
none. 

E'DO1-00045 

01/02/09/ia 

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DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 28TH BOMB WING (ACC) 

ELLSWORTH AIR FORCE BASE,  SOUTH DAKOTA 

MEMORANDUM FOR  28 BW/CC 

FROM:  28 BWJJA 
SUBJECT:  Legal Review - Notification Discha 

dministrative discharge package on Airman First Clas 
munications Squadron, and find it legally sufficient 

based upon his fraudulent entry into active duty.  It also supports 28 CS/CC's recommendation to 
separate Respondent with an under honorable conditions (general) discharge without probation and 
rehabilitation (P & R). 

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2.  On 6 Oct 98, the 28 CS/CC initiated this separation action pursuant to AFI 36-3208, paragraph 5.15, 
for fraudulent entry.  On 6 Oct 98, Respondent waived his rights to consult legal counsel and did not 
submit a statement on his own behalf (Tab K). 

3.  The reasons for the proposed discharge action are as follows: 

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a.  On or about 26 Feb 98, Respondent completed and signed Standard Form 86, Questionnaire for 

National Security Positions.  On part two of this form, question 24c, Respondent answered that in the 
past 7 years, he had not been involved in any illegal purchase, manufacture, trafficking, prrduction, 
transfer, shipping, receiving, or sale of any narcotic, depressant, stimulant, hallucinogen, or cannabis for 
his own intended profit or that of another. 

b.  On 26 Feb 97, Respondent also completed and signed Air Force Form 2030, USAF Drug and 

Alcohol Abuse Certificate.  On section I1 of this form, Respondent answered that he had not ever used or 
experimented with marijuana and that he had not ever experimented with, used, or possessed any illegal 
drug or narcotic. 

c.  On 17 Mar 97, Respondent completed and signed Department of Defense Form 1966, Record of 

Military Processing - Armed Forces of the United States.  On section 11 of this form, question 26, 
Respondent answered that he had not ever tried, used, or possessed any narcotic (to include heroin or 
cocaine), depressant (to include quaaludes), stimulant, hallucinogen (to include LSD or PCP), or 
cannabis (to include marijuana or hashish), or any mind-altering substance (to include glue or paint), or 
anabolic steroid, except as prescribed by a licensed physician. 

d.  A later investigation revealed that Respondent had used marijuana, LSD, and cocaine. 

Specifically, on 18 Sep 98, Respondent admitted 
Special Investigations, that he used narcotics pri 

G - L W J  

Special Agent with the Office of 
it Force.  Respondent stated that he 
aotcnci/leks.Fw& *  . y m  N a m J s /

 

A k  Fcwce 

used marijuana more than 500 but fewer than 1000 times.  The last time Respondent said he used 
marijuana was two nights prior to entering the Air Force.  kespondent admitted using  cocaine one time 
before entering the Air Force.  Respondent also admitted using LSD more than 100 times but fewer than 
500 times before enlisting in the Air Force.  Respondent said the last time he used LSD was one week 

spondent further admitted on  18 Sep 98 t 
rior to his enlistment.  Respondent stated to 
the reason he lied on his enlistment paperwork 

for active duty service had he been truthful.  For this mis.onduct, 

Respondent received a Letter of Reprimand on  1 Oct 98. 

4.  This case was properly processed under AFI 36-3208, paragraph 5.15.  Clearly, the aforementioned 
facts meet the criteria for discharge under this paragraph.  Respondent’s preservice drug use would 
certainly have made him ineligible to enlist.  Therefore, his lies about such drug use on his enlistment 
paperwork make his enlistment fraudulent. 

5. Under AFI 36-3208, paragraph 5.16.3, when a commander obtains reliable information pertaining to a 
member’s fraudulent entry, the commander must either pursue discharge action or recommend to the 
Special Court-Martial Convening Authority a waiver of the Air Force’s right to discharge the member. 
Respondent’s squadron commander has decided not to pursue a waiver in this case.  He recommends 
discharge based upon the aforementioned facts and I concur with that recommendation. 

6.  Under AFI 36-3208, paragraph 5.21, the only service characterizations available for discharge based 
upon fraudulent entry are honorable and under honorable conditions (general).  In this case, Respondent 
lied about extensive prior misconduct to gain entry onto active duty.  His deceit resulted in his 
acceptance onto active duty when he would otherwise have been rejected for service. His actions reflect 
a major integrity problem which has cost the United States a considerable amount of unnecessary time, 
effort, and dollars.  After considering all the facts in this case, the negative aspects of Respondent’s 
conduct outweigh the positive aspects of his military record, thereby justifying an under honorable 
conditions (general) discharge characterization.  His performance has not been “otherwise so meritorious 
that any other characterization would be inappropriate” as required by AFI 36-3208, paragraph 1.18 for 
an honorable discharge characterization. Under either service characterization, probation and 
rehabilitation (P & R) are not available because the sole basis for discharge is fraudulent entry (AFI 36- 
3208, paragraph 5.2 1.3). 

7.  As the Special Court-Martial Convening Authority, you may: 

a.  Direct that Respondent be retained, if you believe the Air Force should waive its right to 

discharge Repondent under the facts and circumstances of this case;  or 

b.  Direct that Respondent be separated with an honorable discharge, without P & R; or 

c.  Direct that Respondent be separated 

with an under honorable conditions (general) discharge, 

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without P & R. 

RECOMMENDATION: 

8.  Separat- 
(general) discharge, without P & R. 

under AFI 36-3208, paragraph 5.15, with an under honorable conditions 

, 

Attachment: 
Case File 

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D E P A R T M E N T  O F  T H E   A I R   F O R C E  

H E A D Q U A R T E R S  2 8 T H  S U P P O R T  G R O U P  ( A C C )  
E L L S W O R T H  A I R   F O R C E  B A S E ,   S O U T H  D A K O T A  

MEMORANDUM FO 

FROM:  28 CSEC 

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I  SUBJECT:  No%fication Memorandum 

iir 

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1.  I am recommending your discharge from the United States Air Force for fraudulent entry. 
The authority for this action is AFI 36-3208, paragraph 5.15.  If my recommendation is 
approved, your service will be characterized as honorable or under honorable conditions 
(general) discharge.  I am recommending that your service be characterized as under honorable 
conditions (general). 

b 

2.  My reason for this action is that on or about 26 Feb 97, you completed and signed Standard 
Form 86, Questionnaire for National Security Positions.  On part two of this form, question 24c, 
you answered that in the past 7 years, you had not been involved in any illegal purchase, 
manufacture, trafficking, production, transfer, shipping, receiving, or sale of any narcotic, 
depressant, stimulant, hallucinogen, or cannabis for your own intended profit or that of another. 
On 26 Feb 97, youcompleted and signed Air Force Form 2030, USAF Drug and Alcohol Abuse 
Certificate.  On section I1 of this form, you answered that you had not ever used or experimented 
with marijuana; and that you had not ever-experimented with, used, or possessed any illegal drug 
or narcotic.  On 17 Mar 97, you completed and signed Department of Defense Form 1966, 
Record of Military Processing - Armed Forces of the United States.  On section I1 ofthis form, 
question 26, you answered that you had not ever tried or used or possessed any narcotic (to 
include heroin or cocaine), depressant (to include quaaludes), stimulant, hallucinogen (to include 
LSD or PCP), or cannabis (to include marijuana or hashish), or any mind-altering substance (to 
include glue or paint), or anabolic steroid, except as prescribed by a licensed physician.  A later 
investigation revealed that you had used marijuana, LSD, and cocaine.  Specifically, on 18 Sep 
cia1 Agent with the Office of Special Investigations, that 
e Air Force.  You stated that you used marijuana more than 
500 but less than 1000 times.  The last time you said you used marijuana was two nights prior to 
entering the Air Force.  You admitted using  cocaine one time before entering the Air Force. 
You also admitted using LSD more than 100 times but less than 500 times before enlisting in the 
Air Force.  You said the last time 
You also admitted on 18 Sep 98, to 
prior to enlistment.  You stated to bo 
the reason you lied on your enlist 
not accept you for active duty service had you been truthful.  For this misconduct, you received a 
Letter of Reprimand on 1 Oct 98. 

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3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained ifi the Air Force, and if you are 
discharged, how your service will be characterized. If you are discharged, you will beineligible 
for reenlistment in the Air Force. 

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obtained toassist you. 
4.  You have the right to consult counsel.  Mi 
I have made an appointment for you to cornu 
rea Defense Counsel, 
5-2158, 1000 Ellsworth Street, Suite 1700 on 7&$98  at 0830 hrs.  You may consult civilian 
counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by  40ef q g  , unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

6.  If you fail to consult counsel or submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

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7.  You have been scheduled for a medical examination.  You must report to the Physical Exams 
Section of the Base Hospital at 0733 hrs on  7 3 d98for the examination.  This is a 
mandatory appointment, and you must be in uniform. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in your orderly room. 

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9.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Supporting clacuments 

a.  Standard Form 86 - 26 Feb 97 
b.  AF Form 2030 - 26 Feb 97 
C.  DD Form 1966 - 17 Mar 97 
d.  Memo for Record - 28 Sep 98 
e.  Memo for Record - 30 Sep 98 
f.  LOR - 1  Oct 98 

2.  Airman's Acknowledgment 

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