I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

I  AFSNISSAN 
---------------. 

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r..-..-..-..-..-..--------' 
TYPE  HON 

X 

PERSONAL APPEARANCE 

AlC 

RECORD IUVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

AUuRESS  AND OR ORCANlZATlON OF COUNSEL 

YES 

Na 
X 

................................... 

MEMBER SITTING 

VOTE OF THE BOARD 

IlON 

GEN 

UOTHC 

OTHER 

DENY 

X 

lSSllLS 

A93.23 

INDEX NUMBER 

A62.00 

EXEIIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING THE BOARD 

1  1 
2  I  APPLICATION FOR REVIEW OF DISCHARGE 
3 1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S KELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

14 JUU 2007 
APPLICANT'S ISSUE AND THE BOARD'S DkCISIONAL RATLONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REYIGW BOARD DECISIONAL RATIONALE 

FD-2006-00078 

Case heard in Washington, D.C. by video-teleconfercncc betwccn Andrews AFB, MD and Robins AFB, Georgia. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

Names and votes will be made available lo the applicant at the applicant's request. 

1  X - Reason for discharge and Rcenlistmcnt Code 

TO: 

SAFIMRBR 
550 C STREET WES'I', SIJI'I'E 40 
RANDOI.PI1 AFB, TX 78150-4742 

INDORSEMENT 

FROM: 

DATE:  611 812007 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCllARGE REVIEW BOARD 
1535 COMMAND DR, EE W N G ,  3RD FLOOR 
ANIWEWS AFH, MI) 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 

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1 

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I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00078 

GENERAL:  The applicant appeals to change the reason and authority for the discharge, and to change the 
reenlistment code. 

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video- 
teleconference between Robins AFB, Georgia and Andrews AFB, Maryland on 14 June 2007. 

The following witness also testified on the applicant's behalf: his mother, Mrs. TR. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Alabama Department of Veteran's  Affairs Letter, 3 1 May 2007 
Exhibit #6: Gadsden Psychological Services Letter, 18 May 2007 
Exhibit #7: Gadsden 
Exhibit #8: Mrs. ! 

.--------------- 
---------------. 

Police Department Letter, 16 May 2007 

!Letter, 14 May 2007 

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

FINDINGS:  Change  of  reason  and  authority  for  discharge  and  change  of  reenlistment  code  are  denied. 
The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

The sole issue advanced by the applicant is that his personal character is not accurately reflected by the 
separation reason and reentry code.  He would like to be eligible to reenter the military.  The applicant 
testified that he had always done well and achieved his goals prior to entering the Air Force.  He informed 
the board that he was unhappy in the Air Force because his fiancke and her family were pressuring him to 
put her needs and desires before the needs of his career.  He was assigned to three different training 
programs, but was unable to complete any of them.  He felt unhappy and went to seek help.  As a result of 
his request for help, he was interviewed by an Air Force mental health professional.  The applicant informed 
the Air Force of his previous psychological problems and was then discharged because he had not been 
honest to the Air Force about his mental health history when he enlisted.  Specifically, he falsely denied ever 
receiving mental health counseling or taking psychiatric drugs.  Since his discharge the applicant has been 
successfully attending college and has started working for the Gadsden, Alabama Police Department. 

The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or 
impropriety in his discharge was suggested or found in the course of the hearing.  The Roard concluded that 
his enlistment was fraudulent.  The DRB noted his desire to serve in the Air Force and willingness to 
misrepresent facts on the medical entry form, but the questions were asked on that form to avoid precisely 
the situation which occurred with the applicant.  An otherwise well-meaning individual, who wanted to serve 
his country but would not have been allowed to do so, lied to the Air Force to gain entry.  After he was 
brought onto active duty and the Air Force expended substantial resources training him, he experienced 
psychological difficulties which interfered with his training. 

The applicant testified that his recruiter had told him to lie on the form, but the applicant's mother stated in 
her letter that her son made a conscious choice not to disclose his mental health history so he would not be 
bblabeled" or "denied entry" into the Air Force.  The applicant agreed that he knowingly lied and provided 
false information even though he had sworn it was the truth.  His recruiter's  alleged misconduct does not 

absolve the applicant of responsibility for making the false statements. 

The DRB concluded that the reason for the applicant's discharge was fraudulent enlistment and that despite 
the good progress he has made in his life as a civilian and the valuable service he renders his community, he 
is not well suited to military life.  A change in the reenlistment code would not be in the best interest of the 
United States Air Force. 

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 
changing the  reason  and  authority  for  discharge or the  reenlistment code,  thus  the  applicant's reason  for 
discharge and reenlistment code should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

------------------------------. 

(Former AlC)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a HON Disch fr USAF Lackland AFB, TX on 19 
Jan 05 UP AFI 36-3208, para 5.15  (Fraudulent Enlistment).  Appeals for a Change 
to RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a.  DOB: 3 Apr  84.  Enlmt Age: 19 5/12.  Disch Age: 20 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-42,  E-53,  G-55,  M-53.  PAFSC: 3POll -  Security Forces Helper. 
DAS: 12 Jul 04. 

b,  Prior Sv:  (1) AFRes 15 Sep 03 -  24 May 04  (OO)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 25 May 04 for 6 yrs. Svd: 00 Yrs 00 Mo 00 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: AETC  125A, 9 DEC 04 -  Removal from training for  (Adjustment 

Disorder with Depressed 
Mood)/Fraudulent Enlistment. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (00) Mos  (00) Das 
TAMS:  (00) Yrs  (00) Mos  (00) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Nov 05. 

(Change the RE Code, Reason and Authority for Discharge) 

Issue 1:  I am requesting a reentry code change.  I would like to re-enter 

the military and I am not eligable  (sic) with this code.  My personal character 
is not that as which the code implies. 

ATCH 
1.  T r a i n i n g   C e r t i f i c a t e .  
2 .   Two  C h a r a c t e r   References. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAININ0 COMMAND 

MEMORANDUM FOR 37 TRGICC 

1 1 January 2005 

FROM:  37 TRWIJA 

NJJ~JECT: zg !'!~xi~pl, ~Ad~:u?.i~~.t1ve 

e?~.schax&er 

-..-.-..-..-....-..----------------------- 

: 343 TRS 

I have reviewed the attached administrative discharge-c~filefegarding 

1.  Authoritv for Action: -..-....-..-..-.- 
I  His flight commander, Capt :--------.------- 
-..-.-..-,-... i 
the Respondent, AlCi ..-..-.-..-..-....-. 
recommends an Honorable discharge characterization pursuant to AFT  36-3208, paragraph 5.15, 
Fraudulent Enlistment. AFI 36-3208, Table 5.4, Rule 4 indicates that as the Separation Authority, you 
approve or disapprove the recommendation for discharge (not board entitled) pursuant to paragraph 
5.15.  Respondent is not entitled to an administrative board hearing based on time in service, grade, or 
any other factors listed in paragraph 6.2.2. The proposed discharge is supported by a preponderance of 
the evidence and is legally sufficient, subject to a medical determination that the Respondent is 
qualified for worldwide service and separation.  All further paragraph references are to AFI 36-3208, 
unless specifically stated otherwise. 

2.  Res~ondent's Militarv Record:  Respondent has been on active duty since 25 May 04. 
Respondent is a technical training student and has been assigned to the 343rd Training Squadron since 
12 Jul04.  He has no enlisted performance reports (EPRs).  His awards and decorations include the 
National Defense Service Medal and the Air Force Basic Training Ribbon. 

3.  Resaondent's Response:  Respondent has consulted counsel and has waived his right to submit a 
statement for your consideration. 

4.  Analysis: 

a. Basis and Prourietv of Discharge:  Paragraph 5.1 5 authorizes the involuntary separation of 
Airmen who procure an 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.  In this case, action is based on the 
Behavioral Analysis Service letter, dated 22 Nov 04, DD Form 2807-1 dated 15 Sep 03, and DD form 
2807-2, dated 10 Sep 03.  At the time of the Respondent's enlistment, he indicated on his Medical 
Prescreen of Medical History Report, AF Form 2807-2, that he did not receive any type of counseling 
nor did he take medication for depression and aggression.  However, he admitted to Behavioral 
Analysis Services that prior to enlisting he had been hospitalized for  sychiatric treatment and received 
outpatient antidepressant therapy and treatment.  His civilian medic  records revealed he was 
rescribed Celexa and Lexapro (antidepressants).  Had the Air Force known of the Respondent's 
Ristory of mental health treatment, he may not have been allowed entry into the military.  Therefore, 
discharge based on paragraph 5.15 is appropriate. 

2 

b. Characterization ofDischmge: The possible service characterizations in this case are Honorable 

and Under Honorable Conditions (General).  The initiating commander recommends an Honorable. 
An Honorable service characterization is appropriate when the Airman's quality of service has 
generally met Air Force standards of acceptable conduct and performance of duty or when a member's 
service is otherwise SO meritorious that any other characterization would be inappropriate. 

A General service characterization is appropriate when an Airman's service has been honest and 
faithful, but significant negative aspects of the Airman's  conduct or performance of duty outweigh the 
positive aspe~p. Although a General discharge is nomally warranted in fraudulent enlistment cases, 
~ l d - - - - - -  
Hon6iaiI6-Siii;ice characterization is appropriate in this case. 

:service has been satisfactory since his entry on active duty on 25 May 04.  Therefore, an 

c,  probation and Rehabilitation  (PhR) : According to paragraph 5.2 1.3, since the sole basis for 

discharge is paragraph 5.15, Fraudulent Entry, the Respondent is not eligible for P&R. 

d. Errors and Irreaularities: I  find no errors or irregularities that prejudice any substantial right of 

the Respondent. 

5.  Options  You may: 

a.  direct an Honorable discharge; 

b.  direct an Under Honorable Conditions (General) discharge; or 

6.  Recommendation:  I recommend that you sign the attached letter directing A1 C: L - - - - - - - - - - -, 
discharge from the Air Force, with an Honorable service characterization. 

,..-..-.-..-. 

L 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

Chief, Adverse Actions 

Concur. 

Attachment: 
Case File 

DEPARTMENT OF THE AIR FORCE 

AIR  EDUCATION AND TRAINING COMMAND 

2 0 DEC  2a]4 

................................................. 
MEMORANDUM FOR A1 Ci .................................................. 
FROM:  343 TRSDOM 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Fraudulent 
Enlistment.  The basis for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.15.  If my 
recommendation is approved, your discharge will be described as Honorable or Under Honorable 
Conditions (General).  I am recommending your service be characterized as Honorable and you 
may be ineligible for reenlistment in the Air Force. 

2.  My reasons for this action are the Behavioral Analysis Service letter, dated 22 Nov 04, DD 
Form 2807-1, dated 15 Sep 03, and DD Form 2807-2, dated 10 Sep 03 and the DD Form 2808, 
dated 15 Sep 03.  At the time of your enlistment, you indicated on your Medical Prescreen of 
Medical History Report, AF Form 2807-2, that you did not receive any type of counseling nor did 
you take medication for depression and aggression.  However, you admitted to Behavioral 
Analysis Services that you were hospitalized for psychiatric treatment and received outpatient 
antidqressant therapy and treatment.  Your civilian medical records revealed you were 
prescribed Celexa and Lexapro (antidepressants). Had the Air Force known of these conditions 
prior to your enlistment, you may not have been allowed entry into the military. 

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 in the Air Force. 

4.  You have the right to consult counsel.  If you wish to consult military counsel, an appointment 
will be made upon your request and the date, time and place will be provided.  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 (3 workdays)  z 7 &p  c  07 unless you 
request and receive an extension for good cause shown.  Your statements will be sent to the 
separation authority and will be made part of your case file that the separation authority will read. 

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

7.  You have been scheduled for a medical examination.  You must report to Bldg 6612, Room 
502, Monday - Friday between 1300 - 1500 hours with your medical, immunization, and dental 
records for the examination. 

8.  Any personal information you h i s h  in this rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use in the Unit Personnel Office. 

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

Commander, Military Training Flight 

Attachments: 
1.  AETC Form 125A, dated 9 Dec 04 
2.  Student Training Report 
3.  Behavioral Analysis Service letter, dated 22 Nov 04 
4.  DD Form 2808, dated 15 Sep 03 
5.  DD Form 2807-1, dated  15 Sep 03 
6.  DD Form 2807-2, dated 10 Sep 03