i 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

G M D E  

AFSNISSAN 

GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANmTION 

X  RETORD REVIEW 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBERS SITTING 

I 

I 

I 

I 

I 

I 

3 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

ISSUES 
A92.21, A92.37 

INDEX NUMBER 
A66.00 

NEARING  DATE 
03-05-2 1 

CASE NUMBER 
FD2003-00098 

1  Case heard at Washington, D.C. 

I 

2  APPI.ICATION  FOR REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTIFICATlON 
BRIEF OF PERSONNEL FILE 
COUNSE1,'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMIl'TkD Al' T W .  OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE  HEARING 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFRCMR. 

, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVTEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00098 

GENERAL:  'The  applicant appeals for upgrade of discharge to honorable, and to change his reenlistment 
code. 

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 

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

FINDINGS:  IJpgrade of discharge, and change of reenlistment code are denied. 

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

Issues.  Applicant  was discharged  for misconduct, drug abuse, and  for fraudulent enlistment.  During the 
course of a security clearance background investigation, derogatory information about a civilian arrest for 
marijuana possession to distribute, and being a minor transporting alcohol was discovered which applicant 
had  not  entered  on  his  enlistment  forms.  In  an  effort  to  resolve  these  matters,  applicant  underwent  a 
polygraph examination by  the Defense Security Service.  The examiner didn't  believe member was truthful 
in his  answers,  and  during  a  post-test  interview the  member  so admitted.  In  a  signed  sworn  statement, 
member recounted  multiple  incidents of pre-service illegal drug use, and one incident of in-service illegal 
drug  use  while  at technical  training.  Member indicated to  the investigator that  he  lied on the polygraph 
questions because he  liked the Air  Force and  was  afraid  of losing his job.  At the time of the discharge, 
member  consulted  counsel  and  submitted  a  statement in his own behalf  in which  he  said  he  lied  on his 
enlistment  forms  because  the  recruiter  told  him  to,  and that  in  spite of  his  admission  under  oath  to  the 
defense  security service investigator, that  he  did not  use  marijuana while in  technical  school.  Applicant 
now  feels his post-service  achievements  provide  a  basis on which  to justify  an  upgrade of his  discharge 
"despite  his  past  mistakes."  Because  the  member  received  an  administrative  discharge,  not  a  punitive 
discharge, the Board  must find  an inequity or impropriety on which to base an upgrade; clemency is not 
available as a reason for upgrading an administrative discharge.  The Board noted that both drug abuse and 
fraudulent enlistment  constitute  serious misconduct that is not compatible with Air Force  standards.  The 
Air Force's  drug policy was and is well publicized and all members are continually made aware that illegal 
drug use  is not  tolerated.  Additionally,  were it not for the falsification of his enlistment documents, it is 
doubtful applicant would  have  been  allowed into the Air Force based on his extensive pre-service  illegal 
drug  use  and  his  arrest  record.  The  Board  iinds  the  discharge proper;  the  records  review  disclosed  no 
inequity or impropriety on which to base an upgrade. 

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 further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE  DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH AZC) 

1.  MATTER UNDER RFVIEW:  Appl rec'd  a GEN Disch fr USAF 8 Jan 0 2   UP AFI 36-3208, 
para 5.15  (Fraudulent Entry) and para 5.54  (Misconduct -  Drug Abuse).  Appeals 
for Honorable Discharge, and Change to Reentry Code. 

2 .   BACKGROUND: 

a ,  DOB: 31 Dec 79. Enlmt Age:  19 11/12.  Disch Age: 22 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-26,  G-34,  M-27. PAFSC: 2 S 0 3 2   -  Supply Systems Analyst 
Journeyman. DAS: 30 Oct 00. 

b.  Prior Sv: (1) AFRes 21 Dec 99 -  6 Jun 00  (5 Months 17 ~ a y s )  (Inactive). 

3 .   SERVICE UNDER  RWIEW: 

a.  Enld as AB 7 Jun 00 for 4 yrs. Svd: 1 Yrs 7 Mos 2 Das, all AMS. 

b.  Grade Status:  AMN  -  11 Dec 01  (Article 15, 11 Dec 01) 

A1C -  7 Oct 01. 
AMN  -  7 Dec 00 

c .   Time Lost:  None 

d.  Art  1 5 ' s :   (1) 11 Dec 01, Langley AFB, VA  -  Article 83. You, did, at 

or near Portland, Maine, on or about 21 Dec 99, by means 
of deliberate concealment of the facts that you were 
charged with an offense related to alcohol or drugs and 
illegally used any controlled substance since the age of 
16 or in the past 7 years, proFure yourself to be 
enlisted as an AB  in the United States Air Force, and 
did thereafter, at or near Langley AFB, VA, receive pay 
and allowances under the enlistment so procured. 
Article 112a.  You did, between on or about 1 Jul 00 and 
31 Aug 00, wrongfully use marijuana.  Article 134.  You, 
did, on or about 14 Nov 00, in a sworn statement, 
wrongfully and unlawfully subscribe under lawful oath a 
false statement in the substance as follows:  I tried 
marijuana one time.  I never used it again, which 
statement you did not then believe to be true. 
Reduction to AMN, suspended forfeiture of $200.00 pay 
per month for 2 months, and 14 days extra duty. 
(No appeal)  (No mitigation) 

Additional: None. 

f.  CM:  None. 

Dear DRB: 

The following issues are the reasons 1 believe my discharge should 

be upgraded to Honorable and the reenlistment code should be change to reflect 
eligibility to reenlist. I am submitting documentation and evidence on my behalf for my 
case. I would like to start by stating that I am currently employed by Teletechl Nextel 
Communications as a technical support agent for a year now. I was given the opportunity 
to be selected for an assignment to Canada for site development for a new client for two 
weeks to be a mentor and support of system knowledge. I was also selected to be a 
member of the employee advisory committee. See (attachments #1) in reference to 
employee performance. Secondly, the achievements I gained are as follows; A+ certified 
computer technician and Network+ network technician. I am currently enrolled at 
Thomas Nelson Community College pursuing an Information Systems Degree. And I am 
also studying to acquire the Microsoft Certified Systems Administrator certification. I 
have also been married for 2 years now. See (attachment #2) personal achievements. 
Finally I have received distinguish graduate service award and character reference letters. 
See (attachments #3) military achievements. These are the reasons why I feel my 
discharge should be upgraded despite my past mistakes before I entered the service. I 
appreciate your time in reviewing my case. 

Thank you, 

DEPARTMENT OF 'THE AIR FORCE 

FQzdo3 - aaopg 

- * 

HEADQUARTERS I ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

FROM:  ACC- RSSICC 

! ~ B J E C T :  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for drug abuse and 
fraudulent entry.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, 
Section H, Paragraph 5.54 and Section C, paragraph 5,15.  The primary basis for discharge will 
be paragraph 5.54, drug abuse.  If your discharge is approved, your service will be characterized 
as honorable, under honorable conditions (general), or under other than honorable conditions 
discharge.  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for recommending discharge under the primary basis of paragraph 5.54,  drug 
abuse  is you,  did,  at  or near  Lackland Air  Force Base, Texas,  on  or  about  1 July 2000  and 
3 1 August 2000, wrongfully use marijuana. 

3.  My  reasons  for  recommending discharge  under  the  secondary basis  of  paragraph  5.15, 
fraudulent entry are: 

a.  You,  did,  at  or  near  Portland, Maine,  on  or  about  21  December  1999, by  means  of 
deliberate concealment of the facts that you were charged with an offense related to alcohol or 
drugs  and illegally used  any controlled substance since the  age of  16 or in the past  7 years, 
procure  yourself to  be  enlisted  as an  Airman Basic in  the  United  States Air  Force,  and  did 
thereafter, at or near Langley Air Force Base, Virginia, receive pay and  allowances under the 
enlistment so procured. 

b.  You, did, at or near Langley Air Force Base, Virginia, on or about 14 November 2000, in 
a sworn statement, wrongfully and unlawfully subscribe under lawful oath a false statement in 
substance as follows:  I tried marijuana one time.  I never used  it again, which statement you 
did not then believe to be true. 

4.  Copies of the documents to support this recommendation are attached and will be forwarded 
to  the  separation  authority. 
The  separation  authority  will  make  the  findings  and 
recommendations  required  under  10  U.S.C.  2005(g)  regarding  recoupment  of  education 
assistance funds, if applicable.  The commander exercising special court-martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained 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 and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

5.  You  have the right  to consult counsel.  Milit 
you.  I have made an appointment for you to cons 
Counsel,  54 Willow  Street, Bldg.  147, Ext. 5607  at 
may consult civilian counsel at your own expense. 

! 

6.  You have the right to submit statements in your own behalf.  Any statements you  want the 
separation authority to  consider must  reach me by'e15-  hours on  21  /&o / 
200 1 
dfiless you  request  and  receive an  extension for good cause shown,  I will send them to  the 
separation authority. 

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

8.  You  have been scheduled for a medical examination.  You mus  report to the 1st Medical 
Group,  Physical  Exam  Section  at  0 Xyd  hours  on 
2001  and  an 
additional examination will be scheduled if necessary. 

/?  et 

b 

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

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

Attachments: 
1.  Supporting Documents 

i 

a.  Article 15 - 1 1 Dec 01 
b.  Statement of Subject - 14 Nov 00 
c.  Record of Military Processing/DD Form  1966 - 21 Dec 99 
d.  Questionnaire for National Security Positions - 12 Dec 99 

2.  Receipt of Notification Memorandum