AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

GENERAL:  The 

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apecant appeals for upgrade ofdigcharge to Honorable. 

CASE M E R  
FD-01-00040 

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The applicant was offered a personal appearapce 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 

FINDINGS:  Upgrade of discharge is denied. 

The DRB finds that the applicant submitted no issues contesting the equity or propriety of the discharge, 
&d  after a thorough review of the record, the Board was able to identi@ none.  The records indicated the 
applicant received  two  Article  15s for misconduct.  The  misconduct  included  repeatedly  engaging  in 
sexually-oriented conversations in the workplace, creating an intimidating, hostile,  and offensive work 
environment;  and  wrongfully  using  a  government  provided  e-mail  that  visually  depicted  Popeye  (a 
cartoon character)  engaging  in  sexual relations  with  another cartoon character.  The DIU3  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 

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DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

FD-01-00040 

(Former SRA) M

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1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 99/07/30 UP AFI 36-3208, 
para 5.50.2 (Miscondut -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 76/07/31.  Enlmt Age: 17 2/12.  Disch Age: 22 11/12. Educ:HS DIPL. 

AFQT: N/A.  A-93,  E-38,  G-42,  M-22. PAFSC: 2S051 -  Supply Management 
Journeyman. DAS :  99/03/22. 

b.  Prior Sv: AFRes 93/10/25 -  94/06/27 ( 8   month 3 days) (Inactive). 

months.  Svd: 3 yrs 0 mos 1 day, all AMs.  AMN-AlC(EPR Indicates) :  94/06/28- 
96/06/06.  SRA -  97/06/28.  EPRs: 5,5. 

(2) Enld as AB 94/06/28 for 4 yrs.  Ext 96/10/29 for 1 0  

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3 .   SERVICE  UNDER REVIEW: 

a.  Reenld- as SRA  97/06/30 for 4 yrs.  Svd: 2 Yrs 1 Mo 0 Das, all AMs. 

b.  Grade Status:  none. 

c.  Time Lost:  none. 

d.  Art  15's: 

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(1) 99/07/14, LittlqRock- AFB, AR -  Article 92.  You did, 
o/a 14 May 99, violate a lawful general regulation, to 
wit: paragraphs 3.1 and 3.3 of AFI 33-119, 
Communications and Information, Electronic Mail  (E-MAIL) 
Management and Use, dated 1 Mar 99, by wrongfully using 
a government provided E-mail communications system to 
transmit an e-mail that visually depictedPopeye  (a 
cartoon character) engaging in "doggie-sizy++  sexual 
relations with Olive Oil  (another cartoon character) and 
such transmission did not constitute an official use or 
authorized personal use of  the government provided E- 
mail communications system.  Forfeiture of 5309.00 pay. 
Reprimand.  (No appeal)  (No mitigation) 

(2) 98/09/22, Barksdale AFB, LA - Article 92.  You, who knew 
of your duties, between about 1 Apr 98 and about 31 Jul 
98, were derelict in the performance of those duties in 
that you willfully failed to refrain from repeatedly 
engaging in sexually-oriented conversations in the 
workplace, creating an intimdating, hostile, and 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 314TH AIRLIFT WING (AETC) 
LITTLE ROCK AIR FORCE BASE, ARKANSAS 

26 July 1999 

MEMORANDUM FOR 314 AW/CC 

FROM:  3 14 AW/JA 

f Administrative Discharge: 
, 3  14th Supply Squadron 

1.  LEGAL SUFFICIENCY:  I have reviewed the attached case file of SrA- 
7  and, 
pending proper medical clearance pursuant to AFI 36-3208, para 6.3, I find it legally sufficient to 
support separatin 
Discipline) with an Under Honorable Conditions (General) discharge without probation and 
rehabilitation. 

r a Pattern of Misconduct (Conduct Prejudicial to Good Order and 

2.  PROCEDURAL REQUIREMENTS:  On 23 July 1999,2Lt 
action under AFPD 36-32 and AFI 36-3208 to involuntarily se 
Misconduct (Conduct Prejudicial to Good Order and Discipline). 

uthority for this installation, you are the 
3208, Chapter 7.  As the Special Court-Martial 
discharge authority far this case.  AFI 36-3208, para 5.56.1.1 ; Spkcial Order G-012, dated 23 Sep 98, 
HQ USAF. 

d his right to submit matters on his 
separated with an Under Honorable 

* 

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3.  PERSONAL DAT- 
‘s 22 years &d.  He re-enlisted on 1 July 1997 for a term of 4 
years and has been assigned to 314 SUPS since 22 March 1999. He is entitled to wear the Air Force 
Achievement Medal (IOLC), Air Force Outstanding Unit Award (1 OLC), National Defense Service 
Medal, Air Force Overseas Ribbon (Short), Air Force Longevity Service Award, and Air Force 
Training Ribbon.  He received two Enlisted Performance Reports with the following close-out dates 
and ratings:  29 --- December 
4.  BASIS FOR ACTION:  The basis for action in this case is AFPD 36-32 and MI 36-3208, para 
5.50.2,  and involves the following pattern of misconduct. 

1998 - 4; 29 December 1997 - 5.  (Tab 5.) 

“--- 

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a.  On 14 May 1999 

violated a lawful general regulation, by wrongfully using a 
government provided e-mail communications system to transmit an e-mail that depicted Popeye (a 
cartoon character) engaging in “doggie-style” sexual relations with Olive Oil (another cartoon 
character) and such transmission did not constitute an official use or authorized personal use of the 
government-provided e-mail communications system.  For his actions, he received Nonjudicial 
Punishment under Article 15, UCMJ and entry in his Unfavorable Information File (UIF). (Atch 1-1) 

Golden Legacy, Boundless Future ... Your Nation‘s Air Force 

a 

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d.  Direct that the case be reinitiated and processed according to AFI 36-3208, Chapter 6, Section 

C, if you believe that an Under Other Than Honorable Conditions (UOTHC) discharge is 
appropriate. 

1 0. RECOMMENDATION: Appro"-commendation 
an Under Honorable Conditions (General) discharge without P&R. 

to separa 

ith 

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I concur. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by three (3) workdays unless you request and 
receive an extension for good cause shown.  I will forward any statements you submit to the 
separation authority. 

-  6.  I f y o u f a i b u n n d  counsel or to submit statements in your own behalf, you- 

constitute a waiver of your right to do so. 
7.  You have been scheduled for a medical examination.  You must report to Little Rock AFB 
Hospital at 0745 hours on 26 July 1999 for the examination. 

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8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the Orderly Room. 

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

Attachments: 
1 - 1  Art. 15 w/UIF, 20 May 99 

Member's Response, 14 Jul99 
Art. 15 Extension Ltr, 6 Jul99 

1-2  Art. 15, 

7 Oct 98 

EOT Complaint Clarification Case E8-004-08,2 1 Aug 98 
EOT Legal Review, 28 Aug 98 

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