AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

L A S E  NUMBER 

FD02-0025 

GENERAL: The applicant appeals for a Change in Reason and Authority for Discharge 

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The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right 
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The attached brief contains the available pertinent data on the applicant and the factors leadi&  to the 
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FINDINGS: Change in Reason and Authority for Discharge is 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 reason and authority for discharge. 

ISSUE:  Applicant  was  honorable  discharged  but  wants  his  narrative  reason  for  separation  changed  to 
erroneous enlistment  so that he can go back into the military.  The Board reviewed  the entire record  and 
found no evidence of impropriety or inequity in this case on which to base a change in reason and authority 
for discharge.  The records indicated  the applicant  fraudulently  signed  AF  Form 2030, USAF  Drug  and 
Alcohol Abuse Certificate, DD Form  1966, Record  of Military Processing, and  SF 86, Questionnaire for 
National  Security Positions,  stating  he  had  not  used  marijuana  or  any  other illegal  drugs.  Applicant 
submitted a statement attesting to the fact that he used marijuana, ecstasy and a mixture of over the counter 
drugs (amphetamines) between  1996 and  1998.  The Board concluded that the characterization, reason and 
authority of the applicant's discharge were appropriate due to the fraudulent entries on official documents. 

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, 

In view of the foregoing findings the board hrther concludes that there exists no legal or equitable basis for 
change in reason and authority for discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE USGKARGE REVIEW BOARD 

ANDREWS AFB, MD 

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(Former AMN)  (HGH AMN) 

FD2002-0025 

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1.  MATTER UNDER REVIEW: 
para 5.15  (Fraudulent Enlistment). 
Esch. 

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Appl rec'd  a HON Disch fr USAF 01/07/25 UPLFI 36-3208, 

Appeals for Change Reason and AuAority for 

2.  BACKGROUND: 

a. DOB: 81/03/31.  Enlmt Age: 19 2/12.  Disch Age: 20 3/12. Educ:HS DIPL. 

AFQT: N/A.  A-35,  E-49,  G-57,  M-54. PAFSC: 2A733 - Aircraft Structural 
Maintenance Apprentice. DAS: 00/12/20. 

b.  Prior Sv: (1) AFRes 00/06/02 -  00/06/20 (14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 00/06/21 for 4 yrs. Svd: 01 Yrs 01 Mo 05 Das, all AMs. 
b.  Grade Status:  AMN -  00/12/21 

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c.  Time Lost:  none. 

d.  A r t   15's:  none. 
e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Misawa AB) 

h.  Awards &  Decs:  AFTR. 

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i.  Stmt ofxv:  TMS: (01) Yrs  (01  Mos  (24) Das 
TAMS:  (01) Yrs  (01  Mos  (05) Das 

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4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/01/09. 

(Change Discharge to Change Reason and Authority for Discharge) 

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Issue 1: 

I wish to have my narrative reason for separation changed to 

erroneouse enlistment so that I can go back into the U.S. Military without a two 
year wait of waiver. 

ATCH 
1. DD Form 214. 

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FD2 002 - 002 5 

02/04/15/ia 

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DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR 35 FW/CC 

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FROM:  35 FW/JA 

SUBJECT: 

Administrative Discharge - AMN 

35 m, 

1.  I have reviewed the administrative discharge case file in the matter of Amn 
(Respondent) and subject to the inclusion of the medical report of his physical examination, find it 
legally sufficient.  I concur with the commander's recommendation that Respondent should receive 
an honorable discharge for fiaudulent enlistment in accordance with AFI 36-3208, Administrative 
Separation of Airmen, paragraph 5.15. 

2.  LEGAL, BASIS FOR DISCHARGE: 

a.  Maj 

35 MXS/CC, recommends Respondent be discharged under AFI 36-3208, 

paragraph 5.15, for fraudulent enlistment (Tab 3).  This basis for discharge exists when the 
procurement of a fraudulent enlistment or period of military service through any deliberate, material 
misrepresentation, omission, or concealment that, if known at the time of enlistment or entry into a 
period of military service, might have resulted in rejection. 

b.  Respondent's administrative discharge package includes the following documented offense: 

On or about 6 Jun 00, Respondent fiaudulently signed AF Form 2030 (USAF Drug and 

Alcohol Abuse Certificate), DD Form 1966 (Record of Military Processing) and SF 86 
(Questionnaire for National Security Positions) stating he had not used marijuana or any other 
illegal drugs. 

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3.  FOR THE RESPONDENT:  Respondent is 20-years-old.  He was assigned to the 35* Maintenance 
Squadron on 20 Dec 00.  His total active federal military service date is 21 Jun 00.  Respondent has 
received the Air Force Training Ribbon.  Respondent has waived his right to submit m a B s  for your 
consideration (Tab 3, Atch 3).  He is not entitled to an administrative discharge board. 

4. ANALYSIS:  Maj 
recommends that Respondent be discharged for fiaudulent  enlistment. The Respondent signed three 
different documents stating he had not used illegal drugs, which was a lie based upon his recent 
admission. 

has reviewed the Respondent's memo (Tab 3, Atch 3) and 

5.  SERVICE CHARACTERIZATION:  Maj 
honorable discharge without P&R (Tab 3).  A discharge based on fraudulent enlistment is 
characterized as either honorable, under honorable conditions (general) or under other than 

recommends Respondent receive an 

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honorable conditions (UOTHC).  An .,onorable  discharge is appropriate when the quality of an 
airman’s service generally has met Air Force standards of acceptable conduct and performance of 
duty, or when a member’s service is otherwise so meritorious that aqy other characterization would 
be inappropriate.  A general discharge is appropriate when the airman’s service has been honest and 
faithful, but significant negative aspects of the airman’s conduct or performance of duty outweigh 
positive aspects of the airman’s military record.  A UOTHC discharge is appropriate when a pattern 

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p- of behavior 
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of one or more acts or omissions constitute a significant departure from the conduct 

expected of s-d&t’s 
and other than the basis for this discharge, no evidence of negative conduct exists.  His sehice is 
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documented performance has generally met Air F o m a a r d s  

as honorable. 

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6.  PROBATION AND REHABILITATION (P&R):  Airmen are not eligible for P&R under AFI 
36-3208, chapter 7 if the reason for discharge is fraudulent enlistment. 

7.  SEPARATION AUTHORITY OPTIONS: As the separation authority, you may take one of the 
following actions: 

a.  Retain the Respondent; 

b.  Direct the Respondent be discharged with an honorable or an under honorable conditions 

(general) discharge; or 

c.  Direct the action be reinitiated with the Respondent being offered an opportunity to appear 
before a discharge board if you feel that discharge under other than honorable conditions may be 
warranted. 
8.  CONCLUSIONS AND RECOMMENDATIONS: 

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a.  I find: 

(1)  The notification of the proposed discharge action was proper.  Respondent was fully 

informed of his rights to counsel and to present matters in his behalf for your review; 

(2)  The reason cited as the basis for discharge in the commander’s notification letter is 

supported by a preponderance of the evidence and is an appropriate basis for discharge; 

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(3) An honorable discharge is warranted and appropriate in this case pursuant to the criteria 

outlined in M I  36-3208, paragraph 1.18.1. 

b.  I recommend you sign the proposed memorandum ordering Respondent’s honorable 

discharge. 

Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

FROM:  35 MXS/CC 

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SUBJECT:  NoGfication Memorandum 

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1.  I am recommending your discharge fkom the United States Air Force for fi-audulent enlistment 
in accordance with AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, 
Administrative Separation of  Airmen, paragraph 5.15.  If my recommendation is approved, your 
discharge will be characterized as honorable. 

2.  My reason for this action is on or about 6 Jun 00, you Eraudulently signed AF Form 2030 
(USAF Drug and Alcohol Abuse Certificate), DD Form 1966 (Record of Military Processing) 
and SF 86 (Questionnaire for National Security Positions) stating you had not used marijuana, or 
any other illegal drugs. 

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

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult Captain- 
the Area Defense Counsel, at 
I  ~ ' 3  0 hours.  You may consult civilian counsel at 
Building 514, on  2dvh 
your own expense. 

,2001, at 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays of your receipt of this 
Notification Memorandum, unless you request and receive an extension for good cause.  I will 
forward them tsthe separation authority. 

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6.  If you fail to consult counsel, or to submit statements on your own behalf within the time 
allotted, your fai€ure shall 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 35th Medical 
s' hours.  If you wear glasses, you must bring your 
Group, on@. 
glasses to the examination,  If you wear contacts, you must remove them the night before the 
examination. 

$f,  ,2001, at 

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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 at the Office of the Area Defense Counsel, 
Building 5 14, your orderly room, or theBase Publications Library. 

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

Attachments: 
1.  Receipt of Notification Memorandum 
2.  AF Form 1168, dtd 1 May 01 
3.  Memorandum, dtd 15 May 01 
4.  Report of Investigation, dtd 5 Jun 01 
5.  AF Form 2030, dtd 6 Jun 00 
6.  DD Form 1966, dtd 6 Jun 00 
7.  SF 86, dtd 6 Jun 00 
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