AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMEtER 
FD-01-0002 1 

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

The applicant was offered a personal appprance before the Discharge Review Board (DRB), but declined 
to exercise this right. 

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

- __ 

FINDINGS:  Upgrade of discharge is denied. 

The DRB fin&  that the applicant submitted no issues contesting the equity or propriety oT the discharge, 
and after a thorough review of,the record, the Board was able to identify none.  The records indicated the 
applicant received two Article  15s,  a Vacation of Suspended Non-Judicial Punishment, three Letters of 
Reprimand, a  Letter  of  Counseling and  a  Letter  of  Admonishment for  misconduct.  The  misconduct 
included being late to her appointed place of duty on two occasions, and using the e-mail and internet u r r  
government computer in an inappropriate manner on three occasions.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board 
concluded the misconduct was  a  significant departure from conduct expected of all military members. 
The characterization of the discharge received by the applicant was found to be appropriate. 

- 

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 

\ 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

l?D-01-00021 

rs- 

ANDRFWS  AFB, MD 

(Former AB) 

=-- 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 99/07/16 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 77/12/25.  Enlmt Age: 19 5/12.  Disch Age: 21 6/12. Educ:HS DX-F&k---- 

AFQT: N/A.  A-79,  E-52,  G- 39,  M-21. PAFSC: 3S031 -  Personnel Apprentice. 
DAS: 98/02/05. 

b.  Prior Sv: AFRes 97/05/30 -  97/10/21 (4 months 22 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 97/10/22 for 4 yrs.  Svd: 1 Yrs 8 Mo 25 Das, all AMs. 

b.  Grade Status:  AB -  99/01/14 (Article 15, Vacation, 99/04/19) 

AMN -  Unknown 

c.  Time'Lost:  none. 

d.' Art 15's:  (1) 

99/05/05, Edwards AFB; CA '-  Article 92.  You,  having 
knowledge of a lawful order issued by LTC ------- to 
cease use of the interns and e-mail on your government 
computer, or anhgovernment computer, an order which it 
was your duty to obey, did, between o/a 7 Apr 99 and o/a 
8 Apr 99, fail to obey the same by wrongfully gaining 
access-to and using the internet at your duty section. 
Forfeiture of $50.00 pay per month for 2 months, 60 days 
restriction, and a reprimand.  (No appeal) 
(No mitigation) 

- 

. .. 

I- 

99/04/19, Vacation, Edwards AFB, CA -  Article 92.  You, 
having knowledge of a lawful order issued by LTC ------- 
to cease use of the internet and e-mail on_yur 
government computer, or any government camp-ter, an 
order which it was your duty to obey, did, between o/a 
7 Apr 99 and 8 Apr 99, fail to obeythe same by 
- 
wrongfully gaining access to and using the internet at 
your duty section.  Rdn to AB.  (No appeal) 
(No mitigation) 
99/01/14, Edwards AFB, CA -  Article 92.  You, having 
knowledge of a lawful order issued by MSgt -------  to 
cease personal correspondence with anyone on your 

_- 

mol-00021 

gover'nment computer, or any government computer and to  - 
restrict your use of E-mail and other programs on all 
computers to only th se actions necessary to perform 
your official duties, an order which it was your duty to  -- 
obey, did, between o/a 28 Dec 98 and o/a 29 Dec 98, fail- - 
to obey the same by wrongfully sending persoGl e-mail 
on a government computer.  Rdn to AB  (susp til 12 Jul 
99), and 25 days restriction.  (No appeal) 
(No mitigation) 

. 

I __- 

e. 

Additional: &OR, 24 FEB 98 -  Unauthorized phone calls. 

RIC, 10 MAR 98 -  Late for work. 
LOR, 25 AUG 98 -  Late for work. 
LOR, 28 AUG 98 -  Inappropriate use of computer. 
LOA, 14 SEP 98 -  Inappropriate use of computer. 

f. 

CM:  none. 

g. 

h. 

i. 

Record of SV: none. 

(Discharged from Edwards AFB) 

Awards &  Decs:  AFTR, MPBOB. 
Stmt of Sv:  TMS:  (2) Yrs  (1) Mos  (17) Das 
TAMS:  (1) Yrs  (8) Mos  (25) Das 

4 .   BASIS ADVANCED  FOR  REVIEW:  Appln  (DD E'm  293) dtd 00/11/13. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
none. 

01/01/19/ia 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS AIR FORCE FLIGHT TEST CENTER  (AFMC) 

EDWARDS AIR FORCE BASE, CALIFORNIA 

MEMORANDUM FOR 95 ABW/CC 

_ -  

FROM:  AFFTC/SA- 

1 S Rosamond Blvd 
Edwards AFB CA  93524-1038 

SUBJE 

'JUN 0 4  1999 
-- 
. 

36-3208, Para 5.49, AB (E-1) 

action is being processed against the responde 
S, for minor disciplinary infractions (AFI 36-3 
t subject to proper medical clearance. The respondent has 

acknowledged that military legal counsel has been made available to her and has consulted with 
counsel.  (Atch 3). 

2.  Analvsis: Enlisted members are subject to involuntary discharge for misconduct consisting of 
minor disciplinary infractions.  Minor disciplinary infractions include the failure to comply with 
nonpunitive regulations or minor offenses under the UCMJ (AFI 36-3208, para 5.49). In the 
case under consideration, the respondent committed the following infi-actions: 

a.  From-2 a t

 98 thru 23 Dec 98, she made $64.84 worth of personal long distance phone 

calls on a government telephone.  For this she received a Letter of Reprimand, dated 24 Feb 98. 
(Atch 1.1); 

b.  On 6 Mar 98 and 10 Mar 98, she was late to her appointed place of duty. For this she 

received a Record of Individual Counseling, d a t a  10 Mar 98.  (Atch 1.2); 

4 

c.  On 21 Aug 98, she was 45 minutes late to her appointed place of duty.  For this she 

received a Letter of Reprimand, dated 25 Aug 98.  (Atch 1.3); 

d.  On 28 Aug 98, she used the e-mail and internet on a government computer in-an 

inappropriate h W e r .  For this she received a Letter of Reprimand, dated 28 Aug 98.  (Atch 
1.4); 

- 

"- 

- 

- 

e.  On 9 Sep-98ghe used the e-mail and internet on a government computer in an-  -