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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

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RECORDREVIEW 

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ADDRFSS AND OR ORGANIZATION OF COIINSEI. 

MEMBER SITTING 

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VOTE OF THE BOARD 

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OKIIER APPOINTING TIIE BOARD 

APPI.TCATION FOR  IiEVIEW OF DISC1 IARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNFI.  FILE 
COUNSEL'S  RELEASB ' 1 ' 0   THE BOARD 
AI>DITIONAL EX1 IIHITS SUBMI1I'F.I) AT TIME OF 
PERSONA!.  AI'PEARANCE 

TAPE RECORDING OF I'ERSONAL  APPEARANCE HE 

CASE NUMBER 

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A P P L I W T S  ISSUE AND'TITE BCIAWS DECISIONAL RATIONAL AILe DlSCUSSED ONTnff AlTACflbV  AIR  FORCG DlSC%AR@E  RBVlEW BOARD DBX!ISIONAL  RATIONALE 

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Case heard in Washington, D.C. 

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

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

TO. 

SAkIMRRR 
550 C'  S'1'Kb.W WEST, SUITE 40 
IlANDOLPH AFB, TX 78 150-4742 

SECRETARY OF THE AIR  FORCE PERSONNEL COllNCIL 
.AIR FOHCE DISCIIARCE REVIEW  HOARD 
1535 COMMAND DR, EE WIN(;,3RU  FLOOR 
ANUREWS AFR, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00373 

GENERAL:  The applicant appeals for ~lpgrade of discharge to honorable. 

The applicant was offered  a personal appearance before the Discharge Revicw Board  (DRB) 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  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUES: 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received  six Letters of Reprimand and onc Record of Individual Counseling for misconduct.  The 
misconduct  included consuming alcoholic beverages as a minor on three separate occasions, failure to follow 
crew leader instructions, causing damage to government property, dereliction of duty, failure to go, failure to 
return to duty after completion of a detail, providing a false official statement to an Air Force recruiter. The 
Board noted that on the Standard Form 86, Questionnaire for National  Security Positions, that the applicant 
answered NO to the question pertaining to policc rccords and arrests.  The SF 86 shows that evcn though the 
applicant marked NO, he went on to list thc shoplifting charge and miscellaneous speeding tickets.  The 
Board also found that the applicant indicated, on the SF 86, that he had used marijuana a total of four times 
from 1998 to 2000.  However, in an interview conducted November  1,2000, the applicant stated that from 
1997 through January 2000 he had smoked marijuana an average of 1 to 2 times per month. The Board 
concluded  the misconduct was a significant departure from conduct expected of all military members.  The 
characterization of the dischargc received  by the applicant was found to be appropriate. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on April  12, 
2000) that he understood he must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss al'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 vicw 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 AlC)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Mountain Home AFB, ID on 
21 Feb 02 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct  -  Conduct 
Prejudicial to Good Order and Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 2 Jul 80.  Enlmt Age: 19 8/12.  Disch Age: 21 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-53,  G-66,  M-53. PAFSC: 2A6333 -  Aircrew Egress Systems 
Apprentice.  DAS: 26 Jul 00. 

b.  prior SV:  (1) AFRes 7 Mar 00 -  28 Mar 00  (22 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Mar 00 for 6 years. Svd: 01 Yrs 10 Mo 23 Das, all 

AMS . 

b.  Grade Status:  A1C -  12 May 00 

c.  Time Lost:  None. 

d .   Art 15's:  (1) None. 

e.  Additional: LOR, 27 DEC 01 -  Providing a false official statement. 

LOR, 10 SEP 01 -  Failure to return t o   d u t y   after completion 

LOR, 11 JUL 01 -  Dereliction of duties and failure to go. 
LOR, 15 MAY 01 -  Third instance of what appears to be 

of a detail. 

RTC, 19 APR 01 -  Failure to follow crew leader 
instructions, causing damage. 

underage drinking. 

LOR, 25 JAN 01 -  Cited for underage drinking. 
LOR, 15 DEC 00 -  Consuming alcoholic beverages as a minor. 

f.  CM:  None. 

g.  Record of SV: 26 Jul 00 -  15 Oct 01  Mountain Home AFB  2  (HAF D1R)REF 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (11) Mos  (15) Das 
TAMS: (01) Yrs  (10) Mos  (23) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Sep 06. 

(Change Discharge to Honorable) 

Issue 1:  I received fraudulent enlistment charges when I never lied to my 

recruiter.  Since leaving the military T  spent several semesters at a community 
college.  1 can provide any information needed. 

Issue 2:  I understand it has been several years but I would like my record 

cleared from all the allegations brought against me.  The situation has been a 
negative one for me and I have been up front and honest with everyone. 

Issue 3:  During my semesters at college I was denied any help from my MGIB 

in which I paid for.  And I have had to pay my sign on bonus back and I am about 
done. 

Issue 4:  ?Box # 9  I don't fully understand.  I would like my record reviewed 
of my discharge.  But I don't know if there is an office here in Boise ID please 
call  (208) 340-8771. 

Issue 5:  ADDITIONAL ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Application's issues 

DEPARTMENT OF THE A1R  FORCE 

HEADQUARTERS 366TH WlNG (ACC) 

MOUNTAIN HOME AIR FORCE BASE, IDAHO 

FROM:  366 CRS/CC 

SUBJECT:  Notification Memorandum 

1.  I  am recommending  your  discharge  fi-om  the  United  States  Air  Force  for  Fraudulent 
Enlistment.  The authority for this action is AFPD 36-32, Military Retirements  and Separation, 
and AFI 36-3208, Administrative Separation of  Airmen, paragraph 5.15.  If my recommendation 
is  approved,  your  service  can  be  characterized  as  honorable,  general,  or  under  other  than 
honorable conditions (UOTHC).  I am recommending your service be characterized as general. 

2.  On  or  about  17 Dec  01,  your  squadron received  information from  the  Department  of the  Air 
Force about your security clearance.  You answered "No"  to a specific question about being arrested. 
During the investigation for your clearance, investigators discovered this to be false.  In fact, you had 
been arrested for shoplifting.  The questionnaire specifically and clearly stated that arrests should be 
listed even if the arrest had been  sealed or otherwise stricken from permanent records.  You knew 
about this arrest as you were filling out the SF 86.  As a result, you received a Letter of Reprimand 
on 27 Dec 01.  (See Tab  1, Atch  I).  Also, you indicated on your SF 86 that you used marijuana four 
times.  However, in  your interview,  1 Nov  00, you  indicated you  started smoking marijuana from 
around 1997 or 1998 and last used it Jan 00.  You stated that during that time you smoked marijuana 
on an average of about 1 or 2 times per month. 

3.  Copies  of  the  documents  to  be  forwarded  to  the  separation  authority  in  support  of  this 
recommendation  are  attached.  The  commander  exercising  Special  Court  Martial  Jurisdiction  or 
higher authority will decide whether you will be discharged or retained in the Air Force.  If you are 
. you 
-  - - will .  be 
discharged, he will-also-determine how your serv&eurill be characterized.  If . discharged, 
ineligible for reenlistment in the Air Force, and any special pay, bonus, or education assistance finds 
may be subject to recoupment. 

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4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
made  an  appointment  for  you  to  consult with  the  Area  Defense Counsel  on  (o kd\> 02  at 
[ ( Q ~ C )   hours in building 512.  The number is 828-2675.  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  workdays  of  the  date  of  this 
memorandum unless you  request  and receive  an  extension for  good cause  shown.  I will  forward 
them to the separation authority. 

6.  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. 

9 ~ o ~ n P ~ ~ ~ r
for  &mrricn 

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k.  Favorable communications, citations or awards:  Air Force Training Ribbon 

1.  Derogatory data other than action by court-martial or under Article 15, UCMJ:  Six LORs and 
one LOC. 
m.  Medical or other data meriting consideration:  None. 

n.  The member does not hold an appointment as a Reserve commissioned or warrant officer. 

3.  Because  fraudulent  enlistment  is  the  only  basis  for  this  discharge  under  AFI  36-3208, 
Administrative  Separation  of  Airmen,  paragraph  5.19.1,  discharges  for  fraudulent  entry  are 
mandatory  unless  the  commander  recommending  discharge  approves  a  waiver.  After  careful 
consideration of AlC;-- --- --- - : record, I am not recommending  a waiver.  By concealing his pre- 
service attempted theft of two cases of beer from Ingles Food store he has proven himself without 
integrity,  and therefore unfit for military service.  His retention  is not in the best interests of the 
Air Force.  Therefore, it is in the Air Force's  interest to expedite his departure at this time. 

- - - - - - - - - , 

4.  According  to  AFI  36-3208,  paragraph  5.21.3, AlC Smith  is not  eligible  for probation  and 
rehabilitation (P&R). 

5.  A1C Smith's ID card has been withdrawn and will be turned over to the Retention Management 
Office in the MPF. 

6.  The exchange, commissary, and SVS ofices have been notified of the pending discharge action. 

dm - . . - . - . . - . . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - -: 
Comnlander, 366th Component Repair Squadron 

7 Tabs: 
1.  Notification Memorandum wlatchs 
- 2--Addendum to Notification 
3.  Respondent's Receipt of Notification Memorandum 
4.  Respondent's Statement wlor wlo atchs 
5.  Medical Exam Documentation 
6.  EPRs 
7.  Other Documents 

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