° AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
cir et wae aie ee
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TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW
AME OF COUNSEL AND OR ORGANIZATION ADDRESS AND GR ORGANIZATION OF COUNSEL
MEMBER SITTING ) HON GEN | voTHC | OTHER | DENY

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Pissties’ “A92.15 eee INDEX NUMBER A62.00

AQ221 1 | ORDER APPOINTING THE BOARD
A62.05 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 4 | BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE CASE NUMBER “

18 Aug 2004 FD-2004-00192

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

submit an application to the AFBCMR.

Dh Man

    

    

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLGOR

ANDREWS AFB, MI} 20762-7002

   
   
 

SAF/MRBR
550 C STREET WES
RANDOLPH AFB, TX 78150-4742

  

 

 

AFHQ FORM 0-2077, JAN 00 {EF-V2) Previous edition wilk be used
CASE NUMBER

    
 
 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | yp2904-00192

  
    
   
   
   
    
      
        
          
     

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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: Upgrade of discharge is 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.

Issue 1. Applicant was discharged for fraudulent enlistment. During the course of a security clearance
background investigation, derogatory information about multiple civilian arrests and convictions involving
grand theft, burglary, possession of drug paraphernalia, minor in possession of alcohol, possession of a
switchblade knife, and disorderly conduct was discovered which applicant had not entered on his enlistment
forms. At the time of the discharge, member consulted counsel and submitted a statement in his own behalf
in which he admitted he withheld information on his enlistment forms because the recruiter told him to, and
requested an honorable discharge. He also noted his accomplishments while in the Air Force and submitted
six character references from co-workers. The Board could find no evidence of record to substantiate
applicant’s contention of recruiter misconduct and no evidence of an impropriety in processing the
discharge.

Issue 2. Applicant now infers his record of achievements while in the Air Force and his post-service
accomplishments may provide a basis on which to justify an upgrade of his discharge. While the Board
appreciates the quality of service rendered by applicant and is glad he is doing well since his discharge,
because he 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 the types of offenses applicant was arrested for and
fraudulent enlistment constitute serious misconduct that is not compatible with Air Force standards.
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 arrest record. The Board finds the

discharge proper; the records review disclosed no inequity or impropriety on which to base an upgrade.

     
     
      
   
     
      
  
   
    
     
    
     

Issue 3. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. 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.

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
FD2004-00192

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD :

(Former SrA) (HGH SrA}

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr Shaw AFB, SC on 10 Mar 03. UP
AFI 36-3208, para 5.15 (Fraudulent Entry). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 17 Aug 78. Enlmt Age: 20 7/12. Disch Age: 24 6/12. Educ: HS DIPh.
AFQT: N/A. A-46, E-77, G-68, M-86. PAFSC: 1N251 - Signals Intelligence

Production. DAS: 14 Sep oO.

b. Prior Sv: (1) AFRes 25 Mar 99 - 21 Sep $9 (5 months 28
days} (Inactive) (Not credible service because of Fraudulent Enlistment}.

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 22 Sep 99 for 6 yrs. Svd: 3 Yrs 5 Mo 16 Das, of which
AMS is 0 yrs 0 months 0 days (Fraudulent Enlistment)

b. Grade Status: SrA - 5 Mar 02
AlC - 5& Nov 99

c. Time Lost: WNone.

d. Art 15s: (1) 12 Dec 02, Fort Gordon AIN, GA - Article 83. You did,
at or near San Diego, CA, on or about 25 Mar 99, hy
means of deliberate concealment of the fact that you
were arrested for grand theft and burglary, were charged
with possession of drug paraphernalia and with being a
minor in possession of alcohol, and convicted of
possession of a switchblade knife and disorderly
conduct, procure yourself to be enlisted as an Airman
Basic in the United States Air Force, and did
thereafter, at or near Fort Huachuca, Arizona, receive
pay and allowances under the enlistment so procured.
Article 107. You, did, within the continental United
States, on or about 25 Oct 99, with intent to deceive,
make official statements on your Security Clearance
Application, to wit: that you have never been arrested
for, charged with, or convicted of any offenses, which
statements were false in that you were arrested for
grand theft and burglary, charged with possession of
drug paraphernalia and with being a minor in possession
of alcohol, and convicted of possession of a switchblade
knife and disorderly conduct, and said statements were
then known by you to be so false. ‘Yhirty days extra
duty. (No appeal) (No mitigation)
¥D2004-00192

e. Additional: None.

£. CM: None.

Record of SV: 22 Sep 99 - 15 Apr 01 Fort Gordon AIN 5 (HAF Dix)

h. Awards & Decs: AFTR, NDSM, AFGCM.

i. Stmt of Sv: TMS: {0) Yrs (0) Mos (0) Das
TAMS: (0) ¥rs (0) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293} dtd 22 May 04.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.

97UL04/ia
f f ¢

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004

{Please read instructions on Pages 3 and 4 BEFORE completing this application. |} Expires Aug 31, 2006
The public reporting burden tor this ¢ollectian of informetion is estimated to average JO minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and compieting and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing the burden, to Depertment of Deterse, Washington Headquarters Services, Directorate for Information Operations end Reports tO704-0004),
1215 Jefferson Devis Highway, Suite 1204, Arlingten, VA 22202-4302. Respondents should ne eware that notwithstanding any other provision of law, no person shall be subject to any

we ta ee ee lot display @ currently velid OMB control number.
{FTURN COMPLETED FORM To THE APPROPRIATE ANDRESS ON AACK OF THIS PAGE..

    
    

 

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Form Approved. ‘

 

    
  
   
  
 

  
   
 

     

     
     

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% aise a eee = — be =, 2 © en r ee cence one gee
6. ISSUES: WHY AN UPGRADE OR CHANGE I$ REQUESTED AND JUSTIFICATION FOR THE REQUEST {Continue in item 14. See instructions on Page 3.)

Tus wpande (© sted in odler 4 apperk fr Gl Bull benefits +o
Ade School. See Hachmens. , |

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (¥YYYMMDD}
AND THIS FORM IS SUBMIT TED 70 ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, FHE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 77. if military documents or
medical records are refevant to your ease, please send coples.}

See attochinsnd

8. TYPE OF REVIEW REQUESTED {X one} | —
x CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

SUBMITTED BY ME. | AND/OR fcounsel/re esentative} WILL NOT APPEAR BEFORE THE BOARD. —_
| AND/OR fcounsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

NASHINGION, D.C. METROPOLITAN AREA. : :

1 AND/OR feounsel/representative! WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO

renter city and state} : (NOTE: The Navy Discharge Review Board dees not have a traveling panel
TO.a. COUNSEL/REPRESENTATIVE {ff any! NAME fLast, First, Middle inital) AND ADDRESS b. TELEPHONE NUMBER include Area Code} :

(See item 10 of the instructions about counselrepresentative.} , *

 

 

 

 

   

 

 

d. FAX NUMBER {include Area Code}

 

11. APPLICANT MUST SIGN IN ITEM 13.2, BELOW. If the record In question is that of a deceased or incompetent person, LEGAL PROOF OF DEATH OR

INCOMPETENTENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate
the name [print] . See : and relationship by marking a box below.

| spo TL winow |_| wpow al _tvex ame | __LOTHER tSoeat

12.8. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE
{Forward notification of any change in address.

     
   

 

Area Cade}

d. FAX NUMBER flnciude Area Code}

 

statements, as part of my claim, with full knowledge of the penalties involved for CASE NUMBER
im. (U.S. Code, Title 18, Sections 287 and 1001, provide that an individual shaif be iDo not write in this space}

ore than & years, or both.) .
ia item 9% abovel - b. DATE SIGNED - REQUIRED FD 200g —

{YYYYMMDD)
OUDS 60 )92-

PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4-Pages
ff | FDL204- 00 [FZ

On March 10, 2003 I received a general discharge under honorable conditions
from the United States Air Force. The reason for my discharge was fraudulent entry into
military service. In my response to notification of administrative separation I stated that
my recruiter wrongly informed me. I was told to withhold all information regarding my
misdemeanor charges and the only concer that the United States Air F orce had were

felony charges.

I enjoyed serving in the United States Air Force. In technical school I graduated at
ihe top of my class and under the expected time given to graduate. At my first duty
station I trained a number of service members on my positions and was hand picked from
my duty section to move on to a higher priority mission. I was a motivated Airman that
excelled at my job to become one of the most experienced signal collectors in the
division. I required little to no supervision to perform the tasks given by my supervisors
in order to support the mission. The 3 years and 5 months I served in the United States
Air Force changed my life. I enjoyed being in the military and requested that I be able to

finish my 6-year enlistment.

Pnior to enlisting in the military my life was going nowhere. | chose to associate
with the wrong crowds and made all the wrong decisions. At the age of 18.1 was a high
school drop out and had a restraining order from my family. I tried to change my life and
leave the lifestyle I was living, but could not escape the temptations. I found that the only”
thing that could change my life, and earn-the respect of my family was to enlist into the
military. I no longer have a restraining order from my family and now have a family of |
my own. My wife is in the United States Air Force and my daughteris 18 monthsold. I. .
am thankful to the Air Force for the opportunity given to me to make these changes. oe

_ Lam now attending college to better myself and will hopefully earn a degree in
nursing. J ask that you please review my discharge and upgrade it so my record will be
cleared and I can have an opportunity to use my Montgomery GI bill.
(PR Zea 20/7"

\

DEPARTMENT OF THE AIR FORCE
31st INTELLIGENCE SQUADRON (ACC)
FORT GORDON GEORGIA

Jo Fee oF

FROM: 31 IS/CC

SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for defective
enlistment - fraudulent entry. The authority for this action is AFPD 36-32 and AFI 36-3208,
paragraph 5.15. If my recommendation is approved, your discharge will be characterized as
Honorable or Under Honorable Conditions (General). I recommend your discharge be

characterized as General.

2. My reason for this action is that on or about 25 Mar 99, in order to obtain entry into the Air
Force, you knowingly failed to disclose that you had been arrested for grand theft, burglary,
possession of drug paraphernalia, possession of alcohol as a minor, possession of a switchblade
knife, and disorderly conduct. Had the Air Force Recruiting office known of your deception,
you may have been rejected from enlistment. For this misconduct, you received Article 15
nonjudicial punishment, dated 12 Dec 02. Punishment consisted of 30 days extra duty.

4. You have the right to consult counsel. Milit al counsel has been obtained to assist you.
[ have made an appointment for you to consult : Area Defense Counsel,

895-9530, on /O_ Feb 03, at /$c0 hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within three days after receipt of the notification
memorandum, unless you request and receive an extension for good cause shown. I will send

them to the separation authority.

6. Hf 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.

7. You are scheduled for your final out-processing medical examination on tl Feb 03 at
[10D hours. You will report to Primary Care, located in the Shaw AFB Hospital, at the time
prescribed. This appointment is mandatory. If you must reschedule, contact your unit First
Sergeant to reschedule the appointment for you. This examination must be carried out within

48 hours of the original appointment if the date must be rescheduled.

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 the orderly room.
( fv 200 F- CNTF

9. The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus‘
monies, which you received, if any, if you separate before completing the period of active duty

you agreed to serve. This recoupment applies whether you voluntarily separate or are
involuntarily separated. Recoupment will apply regardless of the basis for involuntary discharge,
unless the reason is homosexual conduct. The recoupment in all cases is an amount that bears
the same ratio to the total cost provided to you as the unserved portion of active duty bears to the

total period of active duty you agreed to serve. If you dispute that you are indebted for
educational assistance, a board or other authority will make findings and recommendations

concerning the validity of the indebtedness.

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

ig, Lt Col, USAF

 

Attachments:
1. AF Form 3070, dated 12 Dec 02 (Tab 4)

2. Respondent’s Receipt of Notification (Tab 5)