Advise applicant of the decision of the Board, and the right to submit an application to the AFI3CMR 

Narnes arid votes will be made available to the applicant at the applicant's request. 

550 C STREET WEST, SlJl I'll40 
RANDOLPH AFB, TX 7 8  150-4742 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMHER 

FI)-2006-00302 

GENERAL:  The  applicant  appeals  for  upgrade  of  dischargc  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment  codc. 

The  applicant  appeared  and  testified  before  the  Dischargc  Review  Board  (DRB),  without  counsel,  at 
Andrews  AFB  on  15  May  2007,  The  following  witness  also  testified  on  the  applicant's  behalf:  the 
applicant's  wife. 

The followiilg additional exhibits wcrc submitted at the hearing: 

Exhibit #5: Honorablc Discharge Certificate from the Army datcd 7 Jan 88 
Exhibit #6: Court documents regarding concealed weapon conviction June 1989 
Exhibit #7: Court letter, 18 Apr 02 reporting records for 1989 have been destroyed 
Exhibit #8: Court docurncnts regarding a domestic assault charge May 1992 (dismissed) 

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

FINDINGS:  Upgrade  of  discharge,  change  of  reasoil  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

ISSUE:  The applicant contends his dischargc was  improper because it was bascd  on inadequate evidence 
and that he was not  afforded an administrative discharge board hearing.  The applicant was administratively 
separated with a general discharge undcr provisions for fraudulent enlistment based oil the applicant's  failure 
to  properly  and  fully  disclose  information  regarding his  past  policc  rccord  at  the  time  of  initial  rccruiter 
interview documented on NGB Form 598 Prospect  Interview  Record, and  during subsequent completion of 
SF  86  Security  Questionnaire  Workshect.  Tlic  applicant  contends  he  did  not  conccal  any  information 
regarding his past police rccord  axid  followed his recruiter's  advice regarding coinplction  of the SF 86.  The 
NGB  Form  598 statcs "No"  in rcsponsc to the question "Law  Violations".  Subsequent to the completion of 
this form, a conviction for DWI three years earlier was revealed  and thc applicant  was granted  a waiver for 
this offense.  Two months following entry into the Air National  Guard, the applicant finalized and submitted 
his  SF 86 Security Questioilnaire Worksheet  reporting  a misdemeanor  coriviction for carrying a concealed 
bwn.  During background checks it was discovcrcd  that there were several law violations iiicludiiig a felony 
weapons  charge that the applicant had  not properly reported.  At the time of discharge action, the applicant, 
through  appointed  counsel,  argued that  this  felony  charge had  occurred  14 ycars  earlier,  was  dismissed  in 
court, 
that his omission  was not  deliberate.  I11  response to  discliargc action, the applicant  requested an 
adtninistrative discharge board  hearing (eligible due to prior  service) and requested  copies of the evidence 
forniing thc basis of discharge.  In  testimoriy, thc applicant claims he and his counsel were not providcd  any 
additional  evidence, but nevcr tllc lcss, thc applicant through  counsel subsequetltly withdrcw the request  for 
a board hearing contingent upon no less than a general discharge.  T11e  DRB noted that additional supporting 
documentation  (such  as  a report  of investigation,  interview  or  statement  froin  the  rccruiter)  regarding  the 
applicant's  fraudulent  enlistment  was  not  available.  However,  after  cxtci~sive questioning  and  testimony 
undcr  oath, the  applicant did  not  provide  any evidence  or testimony that  convinced  the Board  that  he had 
propcrly  rcvcaled  all background  itlfonnation  at  the titnc of cnlistmc~it or to  overcome the presuinption  of 
rcgularity.  The Board  noted  that  the  SF 86 was not  completed  and  submitted until  after he entered  active 
scrvice and  therefore  could  not  properly  form  the basis  for  fraudulent  enlistment,  however, the  Board  did 
considcr  it  as  supporting  evidence  that  the  applicant  did  not  fully  disclose  his  legal  history  to  recruiting 
authorities  prior  to  cnlist~ncnt. The  applica~it contc~ided hc  was  not  afforded  an  adtninistrativc discharge 
board and asserted that it was going to take 2 years to meet a board.  The Board notcd that the applicant was 
provided and consulted  legal  counsel during his discharge process and waived his right to an administrative 

board hearing contingent  upon no less than a general discharge.  The Board thus concluded he was properly 
afforded an opportunity for an administrativc board hearing at the time of discharge. 

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. 

Attacliincnt: 
Examiner's Brief 

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 f r  VAANG Sandston, VA on 4 Nov 
04 UP AFI 36-3209, para 3.15.4 (Fraudulent Enlistment).  Appeals for Honorable 
Discharge, 

2.  BACKGROUND: 

a. DOB: 13 Nov 66. Enlmt Age: 18 3/12.  Disch Age: 37 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-38,  G-55,  M-47. PAFSC: 2SOll -  Supply Management Helper. 
DAS: 11 Jan 04. 

b.  Prior Sv: (1)  USA DEP 1 Mar 85 -  20 Nov 85  (8 months 20 

days) (Inactive) . 

all AMS.  Pvt2 (E-2) -  11 A u ~  87. 

(2)  Enlisted US Army 21 Nov 85.  Svd: 2 yrs 1 month 17 days, 

days  (Inactive).  SPC(E-4) -  21 Oct 97. 

( 3 )   Enlisted as NJ ARNG 29 Mar 96.  Svd: 6 yrs 0 months 0 

(Inactive) .  S P C ( E - 4 )   -  18 Apr 98. 

(4)  Enlisted VA ARNG 26 Sep 02.  Svd: 0  yrs 11 months 9 days 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted ANGUS as SrA 5 Sep 03 for 6  yrs. Svd: 01 Yrs 02 Mo 00 Das, 

(Inactive) . 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f .   CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AROSSR, ARSR, ARCOMPAM,  VIRNGSR. 

i.  Stmt of Sv:  TMS: (LO) Yrs  (11) Mos  (16) Das 
TAMS: (02) Yrs  (01) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Aug 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Employment Letter. 
3. Police Record. 
4. Record of Court Hearing. 
5. NGB 2 2 s .  
6. DD 214 &  215s. 
7. Two Letters of Recommendation. 
8. Enlistment Documents. 
9. Five Letters of References. 
10. Letter of Notification. 
11. Request For Conditional Release. 
12. DD Form 4s. 
13. Electronic Personnel Security Questionnaire 
14. Request For Examination. 
15. Medical Prescreen of Medical History Report 

Worksheet. 

APPLICATION FOR 'THE REVIEW OF DISCHARGE 

and 

(PIeace mad instructions on Pages 3 and 4 BEFORE completing thls ap~icetlon.) 

FROM THE ARMED FORCES OF THE UNITED STATES 
tkr dam -. 

The publlc r&nn  huh tor tk&  adhndon el infmptim h aHimrW m r v a q q  a0 mlnumn pr orponw, lncludlwg + h. fy 8wInvin# h-r, 
sommna n p . r ~ ~ g  ~ r d ~ l
p w n g  and m ~ n u h k ~  
d hfcmutlon. hduW *Iwutlmr  for W n o  th. b!adm. m th. DwnTmm of W r w .  b& 
thn nonukh.tmd 
cmtrnl nvnbr.  %USE  00 NOT RETURN Y
BACK OF THlS PAGE 

rurchhg .rr*tln OU wufwe 
~ n d  
8.rvlcr and Cmmunimlbne DbdmU (07O*0004). RmrponQma should bo a w w  
FOFW  f O  & ABO$ORQANl!!ATlCiN..  RETURN COMPLEfED FORM TO THE APPROPRlATE ADDRESS  ON 
urlr bhrr pmwla, 01  law.  no  rnon ahd  b. wb  C my  nahy f u  f  ilnw  to com*  with  oollactkm  d h h m l t o n  ti It  ku na dlrply a cunntEy vrRd DMB 
I 

PRIVACY ACT STATEMENT 

PRINCIPAL PURPOSE(S1:  To apply for  a change in the characterization or reason for military discharge h u e d  to an individual. 
ROUTINE U8E(S(:  None. 
DISCLOSURE:  Valunta~/; however, failure to provide identifying informatlon may impede pracrsslng of this application.  The request for 
Socid Security Number is strictly to assure proper identification of the individual and appropriate records. 

~ R  

did-. 

WI* 

ind 

Form Approved 
OM8 NO. 07o.eoM)4 

E ~ j h m A u g 3 1 ~ 2 0 0 6 . '  1 - 

..tiixmwpr  iy a t h ~  - r?lhir h t b r ;  

 

1.  APWCANT DATA  rrhs person  whose discharge Is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. ee 
b.  NAME /Last, fiat. M l d h  lnirpll-.  -. -. L 1..  . -4 -. -. . . . . . - .-. - 

o.  OR*  €/RANK  AT DISCHARQC 

MARINE CORPS 

AIR FORCE 

ARMY 

NAW 

2.  O ~

or DISCHARGE  OR k F s i r i  4: b i 6 Z : Z : G G - k ~ A R A ~ k ~ ~ R E ~ v E D  
E

 

IYYWMMDDI [if date Is mure than  16 yssra 

-aga;  sTibii%DLVotm  14r -' - 

-- -- 

Z.WIl&IY 

-.  -  . . 

H!NORABLE 
G I ? N W N M R  HONORABLE CONDITIONS 
UNDER OTHEU THAN HONORABLE CONDITIONS 

" 

COAST GUARD 
d, -W-qN-SkNR.mHUYH- -- ., 
5.  WARD A C O N  R E ~ U E S ~ D  

- - - _ - .- - - -- - - - --. - - - m  

he 

I 

l x w  
- .---  x . p -  

-- 
. 
CHANGE TO GENERAUUNDW 
HONORAU CONDITION8 
EHANOE TO UNWARACTERIZED 
IN& applcebls for Alr ForwI 
CHANQE NARRATM REAGOKFOR 
SEPARATION TO: 

7. (%if eppiicnlrleJ AN  APPLICATION WAS PREVIOUSLY SUBMITTED ON (WWMMOD) 

AND THlS FORM IS SUBIYIITED TO ADD ADDITIONAL ISSUES, JUSflFICATION, OR  EVIDENCE. 

8. 

N SOPPORT OF M I S  APPLICATION.  7t(E FOLLOWING ATTACHED DOCUMENTS ARE SUEWllTED A$ EVIDENCE: /Continue in hem  77. 
M mititery &cuments  Or nmdical m w d s  i r e  mlevsnt to y  ur case, plsase  send co@ea.) 

z  ha^, i % h b . t . k   d  %\I .C  my .RO.U.-tr 

, 

9.  TYPE OF RRnEW REQUESTED (X one) 

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILJTLlRl PERSONNEL H E  AND ANY ADDITIONAL DOCUMENTATION 
SUBHRED BY HE  I AND/OR I ~ o u w ~ ~ ~ n t # r h r a /  WIU NOT APPEAR BEF0,RE THE BOARD. 
1 I ANDIOR IcnunWearesenrat/veJ WISH TO APPEAR AT A HURINQ AT NO EXPENSE TO THE aOVERNMUYI BEFORE f HE BOARD IN THE 

11.  APPLICANT MUST SIGN IN ITEM 13.0. BELOW.  If the roeord In quentlon la that of a docouad or Incompetent penon, LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY M E  APPLICATION.  It the appllccitlon In nlaned bv other thm the applicant, Indlcata 
the name lprnrl 

and relatior;jhlp  by markkg a box below. 
LEGAL REPRESENTATIVE 

I 

............................................. 
1 ~ n o t V k a l l n n  of  any change h address.) 

- - - - - - - - - - - - - - - - - - - - - - - ,  

13.  CERTIFICATION.  I make thm  foregoing statemanta, ra part of my daim, with full knawledp of the 
pondtles Involved for willfully maklng a fabe statamtent or claim.  fU.S, Code,  Tlile 18, Sectmns 287 
and  1001, provMe  that an alndivdual shaall be fined under thls titale or imprisoned not mom than 5 years, 
or borh.) 

a.  , S 1 G W L T V E E : ~ B E D  JARR&W+Y p*r~on h hsrn  I I  above) 

b.  DATE: SIGNED - REQUIRED 
2m  q @5 

IVWVMMDD) 

DD FORM 293, MAR 2004 

. 

PREVIOUS EDITIONS ARE OBSOLETE. 

b.  TELEPHONE NUMBER linclude Arcs  Codel 

u.  M A I L  

-d.  FAX NUMBU( Ilncluda A!@  Codel 

CASE NUMBER 

+ 

(Do not  write in this specs.) 

,C 

Page 1 0f4  Page 

~ o w c  MJe 

* U b J a f A ~   3 4 ) ~  

16. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable) 

16. REMARKS (If applicablel 

- -- 

- 

f 

4 

. -  - < 

-

.

 

.- 

-  - 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St. Louis, MO  831 32-5200 

AIR FORCE 

Air  Force Review Boards Agency 

560-C Street West.  Suite 40 
Randolph AFB.  TX  781 50-4742 

N A W  AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S. Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington,  DC  20593 

Page 2 of 4 Pages 

UNDER WE PROVISIONS OF TITLE 10, U.S.  CODE, SECTION 1652 

APPLICATION FOR CORRECTION OF MILITARY RECORD 
(py8sss rwdIn&udbs on m  BEFORE v l e b ' n g  thb fppi&liM.) 

o u ~ ~ a m w w o s  
W r n *  
Jun m, 2mQ 

PLEASE W NOT REWRIS YOUR COMPLETED FORM TO THE ABOVE ORQANRAVOH. WXUTVI COMPLETED FORM 74 THE 
~RUtoAI#)REBILOWTHEsACKOfTnt8PM6. 

.u/ 

I 

PRINCIPAL PUWOSliP  To idlab an a  mtbn for c m d i o n  of 
rnilitnrynmd.  ~ h t & h M b y & ~ n b M w d  
perUnenl infMmsh In maldng a UeWmhtion of did through 
m d l o n  af n rnlstpry rec~rd 

'& 

IN SUPPORT OF MIS APPUCAfK,N, 1 SUfWTr AS MDENCE THE FOLLOWING ATTACHED WUWNTS:  (If-- 
r P m r d r m ~ l o y w C / m ~ E m d e p p f r .  

I T b l u m w t A m m ~ m ~ t w n r g l P n r r - ~ ~ m d a * h n ~ . )  

or- 

DD FORMS 368, NOV !M  (EG), rejection It& 

l3dthore City Potice Dcpatmcnt and packet from the Marylad h

y

 h s a u e .  

I 

10.  I DESIRE TO APPEAR BEPDRE THE BOARD HI WASHWON. 

D-C* ( A t r ~ r a ~ ~ ~ ~ ~ e L o t h s ~ p t ~ s )  

X 

Ym  W msOdRD mtl 
KHER#mE IF WkRRAMED 

1 l ~ . C D u N S ~ ~ ~ ~ v l H A v e w ~ r o l ~ d b l s ~ m d A ~ S S ~ f ~ w ~ ~ ~ ) 1  
NIA at the presatt time. 

b
a E-MAL  ADDRESS 

~

n0. ~ M Y A p
c A ~
MSDM(RECORag*WDEWDEH~. 

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i

12 APPLICANT MUST I O N  IN ITEM 18 BELOW.  Hth, racod b q w t l o n  b thH afa 

w lwofnpetmt p.rwn, LEGAL PR0W OF 
DE&W OR INCOMPETENCY WST ACCOMPANY THE APPUCAl7ON.  H tho sppUcathw b d@wd by other thm the appHd&  Indium 

k F A X N U Y B E R ( 1 ~ ~ ~  

3 

1 
pa FORM 149, JUL 2006 

L..-,...-..-..-..-.--------: 

Y 

PREVIOUS U>ITK)N  IS a S  

I 

F~~mFbwIMobl p ~ s a l o n s l 7 . 0  

DEPARTMENT OF THE AIR FORCE 

192d LOGISTICS IUEADINESS SQUADRON (ANG) (ACC) 

61 Falcon Road 

Sandston, Virginia 23150-2523 

07 February 2004 

FROM:  Commander, 192d LRS 

61 Falcon Rd 
Sandston, Va, 23 150-2523 

SUBJECT:  Letter of Notification - Recommendation for Involuntary Discharge 

1.  I  am  recommending  your  discharge  from  the  Air  National  Guard  of  the  United  States and  as  a 
Reserve of the  Air  Force for  Fraudulent Entry. The authority ibr this recommendation is AFI 36- 
3209, Chapter 3,  para 3.15.4, table 3.1, rule 35. 

2,  My  reason for  this action  is;  1).  Making false statements to recruiter 0 n 3 1 Ju ly 0 3, d uring a n  
interview which was recorded and documented on NGB Fm 598, Prospect Interview Record (PIR}, 
law 
and  signed  by  the  recruiter.  When  the  recruiter  asked  you  to  provide  information  on  "all'' 
violations, you responded that you had "none".  The recruiter then accordingly marked "no"  as your 
response on the "PIR" to that question,  2).  Making false statements when completing and signing 
SF 86 (substitute), Electronic Personnel  Security Questionnaire (EPSQ), on  6 November 03,  This 
form clearly requests information regarding "all''  law violations known to the individual completing 
and  signing the  form.  This  form  also  includes a  statement  that reads,  "all  statements are  true, 
complete, and correct to the best of my knowledge and belief and are made in good faith".  The  192d 
Security Forces, upon comparing the SF 86 with the DMV and police records, identified some very 
significant law violations, which you had excluded from the form, 

3.  This  action  could  result  in  you  being  discharged with  an Honorable,  General  Under  Honomble 
Conditions, or Under Other Than Honorable Conditions discharge. I am recommending that you be 
discharged and receive a General, Under Honorable Conditions discharge. The Adjutant General of 
Virginia is the discharge authority for this action. 

4.  You are entitled to: 

a.  Resent your case to an administrative discharge board hearing. 

b.  Obtain copies of documents supporting the basis for the discharge. 

c.  Consult legal counsel. The following appointed military counsel is available to you:  CPTi 

-------- 
JAG,  VaANG,  50 Falcon Road,  Sandston, VA 23150-2524, Comm  (804) 236-6494,  To assist-isii;-fi 
you so choose, an appointment has been made for you to meet with CWL --- --  :on Sunday, 8 February 
2004 at  1000 hrs. You may obtain civilian counsel at your  own expense,  or  you may  request military 
counsel of your choice if such counsel is serving in an active status in any branch of the armed forces of 

- - - - - - - - , 

e 

the US and is reasonably available according to AFI 5 1-20 1, Military Justice Guide.  Non-lawyer counsel 
may not represent a respondent before a board  unless: the respondent expressly declines appointment of 
counsel qualified under Article  27(b)(l)  of the UCMJ  and requests specific non-lawyer counsel; or the 
separation authority assigns the non-lawyer counsel as assistant counsel, 

d.  At any time, submit any statements or documents to be considered in the disposition of your case. 
A  request for or waiver of administrative discharge board hearing does not affect your right to  submit 
such statements or documents at any time. 

e,  Waive 4.c.  and 4,d. above, as well as the right to an administrative discharge board hearing, after 

having the opportunity to consult with counsel. 

5.  A copy of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force 
Reserve Members.  is available for your review. You mav review the directive in the Military Personnel 
Flight (MPF), contact T SG-"--'--"-' 
j a t 2 36-638 1. A &ched  i s a  P rivaoy A ct S tatement o overing a ny 
personal information you furnish. 

C.....-.-. 

6. I or the Discharge Authority have the discretionary authority to approve or disapprove any requests by 
you  or  your  counsel  for  m extension  of  the  time  to  reply  to  this  Letter  of  Notification  and  ir's 
attachments. You  or your  counsel must submit a written request for such delay, stating the reasons md 
how much time is needed. 

7.  Complete, sign and date the attached "Members Statements" and return it back to mc immediately but 
not later than  15 days after receipt of Letter of Notification. You must request or waive an administrative 
discharge board hearing. If you  do not waive your ri&ts  listed above, in  4.c,  and 4.d  and  the right to  a 
board  hearing, you  will  have  15 days from receipt of this letter to  fwnish the discharge authority with 
supporting documentation and  consult counsel, Failure to  acknowledge receipt or to respond regarding 
selection of your rights, within  15 days after receipt of the LON constitutes a waiver of all rights,  wit11 
the  result  that  the  case  will  be  processed  without  an  administrative discharge  board  healing  on  the 
information available. 

8.  You must acknowledge receipt of this Letter of Notification, with attachments, and execute and return 
the attachment, "Receipt of Letter of Notification - Recommendation for Involuntary Discharge",  to me 
within 24-hours a h  receipt. 

9.  If you have received advanced educational assistance monies or special pay or bonuses, you may be 
required to repay Qe  United States for these monies under the authority of Title 10 U.S.C.,  Section 2005. 

10.  You should also be aware that if you currently have Serviceman's Group Life Insurance (SGLl), you 
will  be  responsible  for  all  premium  payments  until  such  time  as  you  are  discharged,  if  this 
reconmendation is approved. 

Attachments: 
1.  'Receipt rbr LON 
2.  Members Statements 

3.  Privacy Act 
4.  Rights to Counsel 
5.  Member SIF 
6. Receipt for SIF