AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE HON PERSONAL APPEARANCE XxX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
x
x
x
x
ISSUES 494.53 INDEX NUMBER 37.00 1B. oe OE BOM
1_|ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
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
HEARING DATE CASE NUMBER
16 Nov 2010 FD-2009-00137

 

 

 

 
   

Case heard in Washington, D.C.

~~

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 to the applicant at the applicant’s request.

 

a
TO: , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)} Previous
CASE NUMBER

-| AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00137

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

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

The applicant was scheduled for a personal appearance before the Discharge Review Board at Andrews Air
Force Base, Maryland on 16 Nov 2010, but failed to appear before the board. As this was the applicant’s
second failure to appear on the date he was scheduled for a PA, he forfeited his right to a PA and his record
was reviewed as an NPA records review.

FINDING: The Board denies the request for change of reason and authority for discharge and the request
for change of reenlistment code.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

The applicant was discharged IAW AFI 36-3209, Separation and Retirement Procedures for Air National
Guard and Air Force Reserve Members, paragraph 3.22, Discharge in the Interest of National Security.
Applicant refused to submit required security clearance paperwork, SF 86, Questionnaire for National
Security Positions. Applicant received an honorable discharge. The 104 FW/JA legal review noted that the
applicant stated he refused “to sign a peice [sic] of paper I do not agree with and the service should have
informed me of when I enlisted and failed to do so.”

In his submission to the DRB, the applicant contends that he had an active security clearance in the system
and requested to speak to counsel via the JAG or the IG office. He stated that after he submitted the SF 86,
his commander stated that he would still be discharged. The applicant subsequently submitted a conditional
waiver of his right to a discharge board on the condition he received an honorable discharge, even though he
had a total of nearly 18 years of active and inactive service. The Board reviewed the entire record and found
no evidence of impropriety or inequity to warrant an upgrade of the discharge.

CONCLUSION: 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 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
change of reason and authority for discharge and to change the reenlistment code and determines the

discharge should remain unchanged.

*
_

Attachment:
Examiner's Brief
FD @d?- 00/37

Form Approved
OMB No. 0704-0004
Expires Nov 30, 2003

  
   
  
    
 

   
 

+--+ APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES

(Please read attached instructions before completing this form.)

  
  

  

 
 
 

The public reporting burden for this collection of information is estimated to average 45 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing 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 Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports
(0704-0004), 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be

subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB contro! number.
| PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

~ PRIVACY ACT STATEMENT

 
         
    
   
 

AUTHORITY: 10 U.S.C. 1553; E.0. 9397.

  
 

PRINCIPAL PURPOSE(S): To apply for a change in the type of military discharge issued to an individual.

ROUTINE USE(S): None.

 
   
  

DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for
Social Security Number is strictly to assure proper identification of the individual and appropriate records.

 
   
 

REQUESTING COPIES OF MILITARY RECORDS

Pricr to applying for discharge review, potential applicants or their designated representatives may obtain copies of their military personnel
records by submitting a Standard Form (SF) 180, Request Pertaining to Military Records, to the National Personnel Records Center (NPRC),

9700 Page Boulevard, St. Louis, MO 63132-5200.
1. DATA PERTAINING TO INDIVIDUAL (APPLICANT) TO BE REVIEWED
a

 
   
   
 

  
  
  

   
 

  
   
   
   
 

jfa. NAME (Last, First, Middle Initial)

 

 

     

 

(2) CITY

 
 
  
 
 
 

e. TELEPHONE NUMBER (include Area Code) | f. E-MAILADDRESS

   

-] d. SERVICE NUMBER (If different from SSN)
124607473

 

   

h. DISCHARGE RECEIVED (X one}
HONORABLE
GENERAL/UNDER HONORABLE CONDITIONS

UNDER OTHER THAN HONORABLE CONDITIONS

BAD CONDUCT (Special court-martial only) (See Item 1g instructions)

UNCHARACTERIZED
OTHER (Explain) not Recommended for Retention and Threat to National Security

  
     
    
  
  
 

 
  
     
   

. BOARD ACTION REQUESTED (X.as applicable)
. CHANGE DISCHARGE TO'HONORABLE ~

a
b. CHANGE DISCHARGE TO GENERAL/
UNDER HONORABLE CONDITIONS

c. CHANGE DISCHARGE TO ENTRY LEVEL
SEPARATION OR UNCHARACTERIZED

d. CHANGE REASON FOR DISCHARGE TO:
RE codel Recommended for retention

‘| 2. APPEAL FILED IN BEHALF OF INDIVIDUAL TO BE REVIEWED (if the reviewee is
deceased or incompetent, complete this section. Appropriate evidence, e.g., death
certificate, medical statement of incompetency, must accompany this form.)

       
    
   
   
 

  
  
 

 
   
  

‘Pa, RELATIONSHIP OF INDIVIDUAL SUBMITTING THIS APPLICATION TO APPLICANT (X one)

[_|extorkin [ _|survivincspouse _| LEGAL REPRESENTATIVE

b. NAME (Last, First, Middle Initial)
SELF
4. TYPE OF REVIEW REQUESTED (X one)
1 AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON NATIONAL CAPITAL REGION.

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL
CLOSEST TO (enter city and state) (NOTE: Navy Discharge Review Board does not have a traveling panel.) Providence RI

 

   
  

      
   

   

     
 
     
  
 

  

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD. 7

| HAVE ARRANGED TO BE REPRESENTED BY AND AUTHORIZE THE RELEASE OF RECORDS TO (Complete if applicable)
b. ORGANIZATION c. TELEPHONE NUMBER

(include Area Code)

   

   

5.
a. NAME OF COUNSEL/REPRESENTATIVE
(Last, First, Middle Initial)

   
  
 

  

 

 
  
 

Prose

d. ADDRESS
(1) STREET (include apartment or suite number)

 

    
     
  

  

(3) STATE (4) ZIP CODE

 

(2) CITY

  

6. WAIVER OF COUNSEL (X if applicable)
| HAVE READ ITEM 6 OF THE INSTRUCTIONS PERTAINING TO THE AVAILABILITY OF COUNSEL AND ELECT NOT TO BE REPRESENTED BY COUNSEL/

REPRESENTATIVE (Leave item 5 blank).

 
  

 
     

DD FORM 293, DEC 2000 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 Pages
’[NGB 22 Discharge certificate on file with USAF

 

 
 

7. -SUPPORTIN IG DOCUMENTS (X as applicable) (Please print name and Social ‘Security Number on each document.)

   
 
 

WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

    

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space is needed.)

  
 

 

TT

   

a. DOCUMENT 1: :
SF 86 security clearance

b. DOCUMENT 2:

    

 

 
      

c. DOCUMENT 3:
Current security clearance

  
   

 

8. ISSUES

The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment.

  
     
    
 
  

 
  

I-Was-discharged from-Massachusetts Air National Guard -104-fw services flight-on 3} December-2008 for-failing to - -
 -submitt-a SF86-to-obtain a security-clearance-} during that time-of the-previous-year had-a active secusitv-clearance -in-
ese and requested to speak to legal councel-VIA JAG or-the Ig office- On the U-FA of May 2008-Fwas- - ~----
amlawtully ordered-to‘file-a SF-86 by the services flight commander and the section cheif of the services-flight of the - -
-04th-T had requested the order in writing and requested to see legal councel and at that time was-ordered to return to -
the kitchen fot KP, after not filing a sf 86-at that time: (See enclosure)" ~~~ -- 7-7-7 ott ttc rrr ttc ttt
- On october of that year during that UTA FT was ordered to the 102 FW on-cape cod na 190 miles-away fromthe ~~~ ~~
“T04th to speaking” to leagal councel: I at that time was toid Itdoes not matter ifTsubmitt the SF86 Iam being -~--~ ~~
“discharped reguradiess: IAW USAF regulations T did submitt the SF 86 as theregulations dictate; and after finally ~~~ -
“speaking to leagt couicel T submitted the SF 86 3 times to the 104th Fw and Tits was summidrily ignored.” ~~ ~~~ ~~~ ~~
~~” Twas told by the T04th wing comnidndets JAG legal répresentive I will be given'a honorable dischargé on my ~~~ ~~
NGB272 and Will be free 16 enlist anywhere I liké- the information that was ommiftéd to Mie Was the RE enlistment’ ~~ ~~
“codes and the Narrative in the discharge paper Work. ~~~ 777 n ener rns
Tdid indééd enlist in the Rhode Ilahd National Guard without prejudice ard am serving the country and that'state” ~~ ~~
‘honnorable since that time, 0 EE
‘However I had filed the SF 86 [AW MANG and USAF regulations,( albeit it was ignored) because I had and have a ~
‘active security clearance that NO ONE at the 104th FW bothered to look for, Futhermore [ am Currently Drilling at a~

National guard unit, nn orem ene n scene cena ak cc cs eons
Tsubmitt to this board that the discharge deposition and the RE codé posted on my current NGB 22 hold no Merit and
‘thus I respectfully request this board change the RE code to a RE 1 anda narrative more fitting of my 18 years of ~~
Ahonnorable loyal service tothiscounty
with GreatRespect, fee ee ee ee

    
       
   
   
   
   
       
   
   
   
   
   
        
 

 

| PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date) O8DEC2008 to 104fwAN
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

  
    
   
 
 

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

 
 

9. CERTIFICATION
| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false

statement. (U.S. Code, Title 18, Section 1001, provides that an individual shall be fined under this title or imprisoned not more than 5 years,
or both.) :

a. DATE (YYYYMMDD)

2009 02 23

      
  

 

  
  
   

 

   
   
        
  
 
  

   

      
   
 
    
 

NAVY & MARINE CORPS AIR FORCE COAST GUARD

Naval Council of Personnel Boards
720 Kennon Street, S.E.

Rm. 309 (NDRB) .
Washington Navy Yard, DC

20374-5023

      
  
    
     
 

ARMY

Army Review Boards Agency
Support Division, St. Louis

ATTN: SFMR-RBR-SL

9700 Page Avenue

St. Louis, MO 63132-5200

(See http://arba .army.pentagon.mil)

DD FORM 293, DEC 2000 Page 2 of 4 Pages

  
    

  
   
    
   

SAF/MIBR Commandant (G-WPM)
. 550-C Street West, Suite 40 2100 Second Street, S.W.
Randoiph AFB, TX 78150-4742 | Washington, DC 20593-0001
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

DOCKET # COMPONENT:

Fo FD2009-00137 ANG

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: NARRATIVE REASON
HONORABLE MASSACHUSETTS ANG 29 DEC 08

 

 

DOB/ ENLMT AGE : DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
28 DEC 69 UNK 39 SSGT UNK 15 DEC 04 UNKNOWN

 

 

AFSC: 9T000- BASIC ENLISTED AIRMAN DEP DT: ASVAB SCORES:
UNKNOWN A: 61 E: 81 G: 68 M: 91

 

 

D. ART 15: D. LOR, LOA, RIC, LOC: "| E. SPCM/ GCM: | ADDITIONAL: (IE. CIVIL CONV, CDC)
UNKNOWN UNKNOWN UNKNOWN UNKNOWN

 

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
UNKNOWN

 

 

G. AWARDS & DECS: UNKNOWN

EAD: DAS: H. TMS: TAMS:
UNKNOWN UNKNOWN 17 YRS, 9MOS, 8DAS 14YRS, 1MOS, 3DAS

 

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA: NO PA: YES
23 FEB 09 270CT09/ TS

 

RECORDS : | MPR: X ARMS: X STR: X | ISSUES: YES ATTACHMENTS: NO

 

AUTH FOR DISCHARGE :
AFI 36-3209, PARA 3.22 (DISCHARGE IN THE INTEREST OF NATIONAL SECURITY)

ART 15; SPMC; GCM; ADDITIONAL:

 

 

EXAMINER'S NOTE: 3 MAY 08- REFUSED TO COOPERATE WITH SECURITY PROCESSING BY REFUSING TO COMPLETE SF86
QUSTIONNAIRE FOR NATIONAL SECURITY POSITIONS.

 

©SAF/MRBR V10709
DEPARTMENT OF THE AIR FORCE
HEADQUARTER 404% FIGHTER WING (ANG)
BARNES AIR NATIONAL GUARD BASE WESTFIELD, MA

14 September 2008

FROM: Capi

SUBJECT: Letter of Notification for Involuntary Separation — Board Hearing

1. This letter serves as notice that I am initiating an action against you which could result in your
involuntary separation from the state Massachusetts Air National Guard and the federal United
States Air Force Reserve, with the following possible service characterizations: Honorable,
Under Honorable Conditions (General), or Under Other Than Honorable Conditions (UOTHC). I
am recommending separation with @ service characterization of Under Honorable Conditions
(General). You are entitled to an administrative discharge board hearing in this matter.

2. The reason for such action is Discharge in the Interest of National Security in accordance with
paragraph 3,22, of Air Force Instruction 36-3209 Separation and Retirement Procedures for Air
National Guard and Air Force Reserve Members. Specifically, i in accordance with ANGI 36-
2002, Enlistment and Reenlistment in the Air National Guard and as ad Reserve of the Air Force,
chapter 1, Para. 1.11.1.2. A National Agency Check, Local Agency Checks and Credit Check
(NACLC), a Single Scop¢ Background Investigation (SSBI) or a Periodic Re-investigation will
be initiated on all Prior Service members, and in accordance with AFI 31-501, Personnel
Security Program Management, chapter 3, Para 3.8. Military Appointment, Entistment, and
Induction, all personnel appointed, enlisted, or inducted’to the active or reserve forces of the Air
Force must have a favorable personnel security investigation. In accordance with Unit Personnel
Manning Document, Services personnel are required a security clearance classification six (6).
On or about 3 May 2008 you refused to cooperate with required secunty processing by refusing
to complete an SF86 Questionnaire for National Security Positions. Based upon your refusal
your retention is clearly inconsistent with the interest of national security. Copies of supporting
documents are attached.

3. Ifyou have received advanced educational assistance: Moneys or special pay or bonuses, you
may be required to repay the United States for these moneys under the authority of Title 10
U.S.C., Section 2005. ;

4. You have the right to consult with military legal counsel. The following military counsel has
been assigned to you: MajodEEEEN udge Advocate, 102nd Fighter Wing, Otis Air
National Guard Base, Massachusetts. Maj pmay be reached during the week at his civilian
office telephone number: 617-378-6015, or during Sunday of the Sep 08 UTA at 508-968-4336 .
You may also consult civilian counsel, retained at the your own expense, or request military
counsel of your choice if such counsel is serving in an active status in any branch of the armed

_ forces of the US and is reasonably available according to AFI 51-201, Military Justice Guide.

ATTACHMENT 1

ON

a er a ES
You may request specific non-lawyer counsel represent you before the board if you expressly
decline appointment of counsel qualified under Article 27(b)(1) of the UCMIJ.

5. You have the right, st any time, to submit any statements or documents to be considered in the
disposition of the case, A request for a waiver of a board hearing does not affect the right to
submit such statements or documents at any time.

6. You may waive their rights contained in paragraphs 4 and 5, as well as the right to an
administrative discliarge board hearing, after having the opportunity to consult with counsel, _
Within 15 days after receipt of this Letter of Notification, you must retum an attachment (see
Attachment 2) showing decisions on each of the rights in paragraphs 4 and 5 and the right to a

board hearing,

7. You must execute and return within 24 hours after receipt an attached acknowledgment
(Attachment 3) of receipt of the Letter of Notification and attachments. Failure to acknowledge
receipt or to respond regarding selection of rights within 30 days after receipt of the Letter of
Notification constitutes a waiver of all rights, with the result that the case will be processed
based on the information available, and without further notice to you.

8. Within 15 days after receipt of the Letter of Notification, you must return an attachment (see
Attachment 2) electing one of the following options:

a, Request for a board hearing.
-b, Waiver ofa board hearing.

9, Ifyou request an administrative discharge board hearing you must return an attachment (see
Attachment 2) indicating the following:

_a.- Whether you want to make a personal appearance.
- b. Whether you want representation by the military Legal counsel made available in
paragraph 4. Above.

c. Whether you want to be. represented by military counsel of your choice in which case
you must identify such counsel by name, grade, organization, and phone number.

d. Whether you will be represented by civilian counsel in which case you must identify
counsel by name and address.

e. The names, addresses, and telephone numbers, if known, of any witnesses you want
to appear before the board, giving a summary of the expected testimony of the
witness on the issue of separation or characterization, and an explanation why written
or recorded testimony of the witnesses could not be presented to the board hearing for
a fair determination of the case.

f. Your understanding that failure to appear at a scheduled administrative discharge
board hearing, after you have indicated an intent to make a personal appearance at
such hearing, will result in the case being heard by an administrative discharge board
in your absence,

g. Your understanding that if you or your counsel need additional time to prepare for or
to attend the board hearing, you or your counsel may submit 2 written request for

 

°
delay stating the reasons and how much time you need. Your further understanding
that the Jegal advisor for the board hearing approves or disapproves the request.

10. lor the discharge authority will consider granting an-extension of the time to reply if
additional time is needed by you or your counsel]. You or your counsel must submit a written
request for such delay, stating the reasons and how much time is needed. The decision whether to
grant the additional time is discretionary with me or the discharge authority.

11. Any matters which you furnish in response to this action are subject to the provisions of 10 .
United States Code 8012, Privacy Act Statement, and 44 United States Code 3010. (Attachment
4).

  

oe Bag Capt, MA ANG
Commander, 104" Services Flight

   

Attachments:
_ 1. Supporting Documents
2, Election of Rights
3, 24 Hour Acknowledgment
4. Privacy Act Statement”

 

rs ot a ee ee
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 104TH FIGHTER WING (ANG)
BARNES AIR NATIONAL GUARD BASE, WESTFIELD MA

20 October 2008
MEMORANDUM FOR 104 FW/CC
FROM: 104 FW/JA

SUBJECT: Legal Review of Conditional Waiver Submission, Administrative Discharge

1. SUMMARY:

a. [have reviewed the subject discharge action and find it legally sufficient. Captain

BB . Services Flight Commander recommended SS e
discharged from the Massachusetts Air National Guard and a Reserve of the Air Force under
AFI 36-3209 Separation and Retirement Procedures for Air National Guard and Air Force
Reserve Members., paragraph 3.22 (Attachment 1). Discharge in the Interest of National
Security. The specific reason for such action, as contained in the Letter of Notification dated
14 Sep 08, is interest of National Security, in accordance with ANGI 36-2002, Enlistment
and Reerilistment in the Air National Guard and as a Reserve of the Air Force, chapter 1,
Para. 1.11.1.2. A National Agency Check, Local Agency Checks and Credit Check
(NACLC), a Single Scope Background Investigation (SSBI) or a Periodic Re-investigation
will be initiated on all Prior Service members, and in accordance with AFI 31-501, Personnel
Security Program Management, chapter 3, Para 3.8. Military Appointment, Enlistment, and
Induction, all personnel appointed, enlisted, or inducted to the active or reserve forces of the
Air Force must have a favorable personnel security investigation. In accordance with Unit
Personne! Manning Document, Services personnel are required a security clearance
classification six (6).

b, In response to the notification lettex, SSgtfupmitted a conditional waiver
dated 4 Oct 08 (Attachment 2). In his waiver, he agreed to waiver his right to a discharge
board if he receives no less than an Honorable Discharge. Captain ecommends the
104 FW/CC accept the conditional waiver and approve an Honorable Discharge. This
recommendation has been indorsed by the Group Commander, Col apree with
their recommendations. 7

2. DISCUSSION:

a. A review of the case file discloses SSg¢ffrefused to cooperate in his required
security clearance action by refusing to complete U.S. Office of Personne] Management
Standard Form (SF) 86 Questionnaire for National Security Positions due to privacy act
issues. In an e-mail in which he discussed his refusal, he stated he refused “to sign a peice
[sic] of paper I do not morally agree with and the service should have informed me of when I
enlisted and failed to do so.” As a result of this refusal Capi notified SSgt PR nat a

fete ee ene epee
security determination had been made to suspend his access to classified
information/unescorted entry into restricted/sensitive areas, and that a Security Information
File would be established.

. b, On the first page of the SF 86 form under the section entitled Purpose of this Form
it states in relevant part as follows: “Giving us this information is voluntary. If you do not
provide each item of requested information, however, we will not be able to complete your
investigation, which will adversely affect your eligibility for a national security position
... Withholding, misrepresenting, or falsifying information will have an impact on a security
clearance, employment prospects, or job status, up to and including denial or revocation of
your security clearance, or your removal and debarment from Federal Service.” Further, at
the section of the form entitled Disclosure Information it states as follows: “The information
you give to us is for the purpose of investigating you for a national security position; we will
protect it from unauthorized disclosure. The collection, maintenance, and disclosure of
background investigative information is governed by the Privacy Act. The agency that
requested the investigation and the agency that conducted the investigation have published
notices in the Federal Register describing the systems of records in which your records wil]
be maintained. The information on this form, and information collected during an
investigation, may be disclosed without your consent by an agency niaintaining the
information in a system of records as permitted by the Privacy Act [S U.S.C. 552a(b)], and by
routine uses published by the agency in the Federal Register, The office that gave you this
form will provide you a copy of its routine uses.”

c. AFI 31-501 Personnel Security Program Management provides guidance for
personnel security investigations and clearance needs, This AFI is used with Department of
Defense regulation 5200.2-R, DoD Personne! Security Program. Paragraph 5.6.4. of AFI 31-
501 requires that Chapter 8 of the AFI be used when a member refuses to provide the
required information for a personnel security investigation. Chapter 8, entitled Unfavorable
Administrative at par. 8.2.1.2. mandates that a Security Information File is established when
an individual’s activity, conduct or behavior is inconsistent with the security criteria specified
in DOD 5200.2-R, para 2-200 and Appendix I. DoD 5200.2-R at Appendix 8, Personal
Conduct, states that refusal to cooperate with required security processing or refusal to
complete required security forms will normally result in an unfavorable clearance action or
administrative termination of further processing for clearance eligibility.

- d. A person granted access to classified information enters into a special relationship
with the government, The government must be able to repose a high degree of trust and
confidence in those individuals to whom it grants access to classified information. SSgt

refusal to complete the SF 86 supports the application of the provisions of AFI 31-

and DoD 5200.2-R. SSgt Jenson exercised extremely poor judgment when he refused to
- Cooperate with his security investigation. He apparently decided that his personal preferences
were more important than his duty to completely cooperate in the investigation. His conduct
raises issues pertaining to his judgment, reliability, and trustworthiness. His refusal to
cooperate indicates an unwillingness to follow procedures if it might have an adverse impact
on his personal beliefs. Such conduct raises questions about whether he would be willing to
follow procedures for safeguarding classified information.

 

 

ober er a ee ern oA ens wn ga
a

 

e. Under par. 3,22. of AFI 36-3209, a member may be involuntarily separated when

  

his/her retention is clearly inconsistent with the interest of national security. si

refusal to cooperate and complete the SF 86 is reflective of behavior which is cl
inconsistent with the interest of national security. His refusal to cooperate because he chose
to follow his own beliefs rather than disclose information that was relevant to his security
background investigation clearly raises doubts about his ability to protect classified -
information which is a requirement of Services personnel. Therefore, discharge is
appropriate.

f. As for the characterization of the discharge, the commander is recommending the
104 FW/CC accept the conditional waiver and approve an Honorable discharge service
characterization. I concur in that recommendation. General guidelines for service
characterization are found at par. A2.1, Subparagraph A2.1.1. states in relevant part that the
characterization of service should be based on the quality of the member's service as
reflected in the military record, including personal conduct, performance of duty, and the
reason for discharge. Subparagraph A2.1.2, states in relevant part that as a rule, service
characterization should be based on a patter of behavior rather than one isolated incident.
Specific guidelines for service characterization are found at attachment 2 to AFI 36-3209.
Subparagraph A2.2.1, states that an Honorable characterization is appropriate when the
quality of the member’s service generally has met USAF standards of acceptable conduct and
performance of duty. Under subparagraph A2.2.2. an Under Honorable Conditions (General)
characterization is appropriate if a member’s service has been honest and faithful but
significant negative aspects of conduct or performance outweigh positive aspects of the
member’s military record. Balancing SSgt engthy Reserve and Guard service in
light of his refusal to cooperate in his security investigation, I agree with the recommendation
that he be given an Honorable discharge certificate in that his service generally met the
standards of acceptable conduct and performance of duty.

3. RECOMMENDATION: You recommend approval of $Sgt BE conditions waiver

Tequest and forward through channels to The Adi e

  
 

t Col, MA ANG

   

Staff Judge Advocate

 

2 Attachments:
1. LON dtd 14 Sep 08
2. Conditional Waiver submission, dtd 04 Oct 08