AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 
   

   

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
stedisty ih. AMN #
Pee ae Se ed os ia p :
PERSONAL APPEARANCE X RECORD REVIEW
COGNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
~~ | VOTE OF THE BOARD
ZEMBERS SITTING HON | GEN VOTHC | OTHER DENY
X
XxX
ul
X
a —— ——
xX
Xx
ISSUES INDEX NUMBER Le : EXHIBITS SUBMITTED TO THE BOARD __
‘A94.05 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
10 APR 03 FD2002-0438 r COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT ‘TIME OF
PERSONAL APPEARANCE
i TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

 

[VAPPLICANT’S ISSUE: AND THE BOARDS DECISIONAL RATIONAL ARE DISCUSSED ON THE-A

 

 

i ——

REMARK:
Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

 

TTACHED AIR‘ FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

——_—.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

 

[SIGNATURE OF RECORDER

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

   

DATE:, 10 APR 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°° FLOOR

ANDREWS AFB, MD 20762-7002

 
  

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

} Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0438

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

The applicant was offered a personal appearance 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 board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant contends that his discharge was too harsh and would like for the Board to consider
changing his discharge from General to Honorable. The record indicates the applicant received two Article
15’s. The first one for wrongfully introducing and displaying pornographic and sexually explicit images
from Internet sites using his government owned computer. The second one for failure to go. He also
received seven Letters of Counseling, 5 Letters of Reprimand, and 1 Memorandum For Record for financial
irresponsibility, consistently being late for work and late for training, being disrespectful and insubordinate
to his supervisor, failure to obey instructions and misusing a government computer. 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. The Board found
no evidence of any inequity or impropriety on which to base a decision to upgrade the 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.

Attachment:
Examiner's Brief
FD2002-0438

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

_.. (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 27 JAN 00 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 5 Feb 78. Enlmt Age: 18 7/12. Disch Age: 21 11/12. Educ: HS DIPL.
AFQT: N/A. A-69, E-42, G-37, M-41. PAFSC: 3A031 -~ Information Management

Apprentice. DAS: 28 May 97.

b. Prior Sv: (1) AFRes 20 Sep 96 - 25 Feb 97 (5 months 6 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 26 Feb 97%for 4 yrs. Svd: 2 Yrs 11 Mo 2 Das, all AMS.

b. Grade Status: AMN - 13 Aug 99 (Article 15, 13 Aug 99)
AMN/A1C - (EPR Indicates): 26 Feb 97-25 Oct 98

c. Time Lost: None.

d, Art 15’s: (1) 13 Aug 99, Shaw AFB, SC - Article 86. You did, on or
about 4 Aug 99, without authority, fail to go at the
time prescribed to your appointed place of duty.
Reduction to Amn, and 14 days extra duty. (No appeal)
(No mitigation)

(2) 25 Jan 99, Shaw AFB, SC - Article 92. You did, at
Prince Sultan Air Base, Kingdom of Saudi Arabia, on or
about 31 Dec 98, violate a lawful general order, to wit:
paragraph 2e, General Order Number 1, Joint Task Force-
Southwest Asia, United States Central Air Forces
(Forward), dated 29 Jan 97, by wrongfully introducting
and displaying pornographic and sexually explicit
images, to wit: images from Internet sites. You did, at
Prince Sultan Air Base, Kingdom of Saudi Arabia, on or
about 31 Dec 98, violate a lawful general regulation, to
wit: paragraph 6.1.3, AFI 33-129, dated 1 Jan 97, by
wrongfully using a government owned computer for other
than official or authorized government business by
displaying pornographic and sexually explicit images, to
wit: images from Internet sites. Suspended reduction to
AB, forfeiture of $150.00 pay per month for 2 months,
and a reprimand. (No appeal) (No mitigation)
FD2002-0438
e. Additional: LOR, 1 DEC 99 - Misuse of a government computer & financial
irresponsibility.
RIC, 8 OCT 99 - Late for duty.
LOR, 21 JUL 99 - Late for duty.
LOR, 21 JUL 99 - Late for duty.
LOR, 23 JUN 99 - Disobeying a lawful order.
LOR, 27 MAY 99 - Late for duty.
RIC, 14 APR 99 - Failure to obey instructions.
VBC, 15 MAR 99 - Disrespectful & insubordinate to
supervisor.
RIC, 12 MAR 99 - Late for duty.
RIC, 12 MAR 99 - Late for training.
RIC, 10 SEP 98 - Substandard performance.
RIC, 7 JAN 98 - Consistently being late for work.
MFR, 25 NOV 98 - Financial irresponsibility.

~

f. CM: None.

g. Record of SV: 26 Feb 97 - 25 Oct 98 Shaw AFB 4 (Initial)
(Discharged from Shaw AFB)

h. Awards & Decs: AFTR, AFOUA.

1. Stmt of Sv: TMS: (3) Yrs (4) Mos (8) Das
TAMS: (2) Yrs (11) Mos (2) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 15 Sep 02.
(Change Discharge to Honorable)

Issue 1: In view of my military record, I would like for the Board to
consider changing my discharge to Honorable from General under Honorable
Conditions.

ATCH
1. AF Form 100.

21JAN03/ia
- Ppze02- OF 36

DEPARTMENT OF THE AIRFOR

20th FIGHTER WING (AGC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

MEMORANDUM FOR AMN  Fp2202- 03x

i. On or about 26 and 27 May 99, you failed to report to duty at the time prescribed. For this
misconduct, you received a Jetter of reprimand (LOR), dated 27 May 99,

j- On or about 2] and 22 Jun 99, you disobeyed lawful orders given to you by your supervisor.
Furthermore, you were disrespectful towards your supervisor and made a false official statement to a
commissioned officer. For these acts of misconduct, you received a LOR, dated 23 Jun 99.

k. On or about 7 Jul 99, you failed to report to your place of duty at the time prescribed. For this
misconduct, you received a LOR, dated 21 Jul 99.

1. On or about 12 Jul 99, you failed to report to your place of duty at the time prescribed. For this
misconduct, you received a LOR, dated 21 Jul 99.

m. You did, at or near Shaw AFB, SC, on or about 4 Aug 99, without authority, fail to go to your
appointed place of duty at the time prescribed. For this misconduct, you received an Article 15,
nonjudicial punishment, dated 13 Aug 99. Punishment consisted of reduction to the grade of Airman and
14 days extra duty.

n. On or about 8 Nov 99, you failed to report to your place of duty at the time prescribed. For this
misconduct, you received a LOC, dated Nov 99.

o. On or about 10 Nov 99, you misused a government-owned computer to forward an unofficial
electronic mail message to approximately 20 people. In addition, on or about 1 Dec 99, you were six
months delinquent in paying your government Visa card balance in the amount of $314.59. For these acts
of misconduct, you received a LOR, dated ! Dec 99.

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 a higher authority will
decide whether you will be discharged or retained in the Air Force and, if you are discharged, how your
service will be characterized. If you are discharged, you will be ineligible for reenlistment in the Air
Force.

4. You have the right to consult counsel. Mili ] counsel has been obtained to assist you. I have
made an appointment for you to consulf™ rea Defense Counsel, 895-9530, on
_£_ Jan 00 at [536 hours. You may consult ci¥fffan 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 duty days after receipt of this notification memorandum,
unless you request and receive an extension for good cause shown. I will send 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.

7. You must report, in uniform, to the Shaw AFB Hospital, Physical Examinations Section, on
07 Jan 00 at 0730 hours, for a medical examination.

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. The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies
which you received, if any, if you separate before completing the period of active duty you agreed to
serve. This recoupment applies whether you voluntarily separate or are involuntarily separated.
Recoupment will apply regardless of the basis for involuntary discharge, if the reason is not homosexual
conduct. The recoupment in all cases is an amount that bears the same ratio to the total cost provided to
you as the unserved portion of active duty bears to the total period of active duty you agreed to serve. If
you dispute that you are indebted for educational assistance, a board or other authority will make findings
and recommendations concerning the validity of the indebtedness.

t

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

 

Attachments:

1. LOC, 7 Jan 98

2. LOC, 10 Sep 98

3. AAFES Memorandum, 25 Nov 98
4. AF Form 3070, 25 Jan 99
5. LOC, 12 Mar 99
6. LOC, 12 Mar 99

ARR: \ coorandum, 15 Mar 99
8. LOC, pr 99

9. LOR, 27 May 99

10, LOR, 23 Jun 99

11. LOR, 21 Jul 99

12. LOR, 21 Jul 99

13, AF Form 3070, 13 Aug 99
14, LOC, 8 Nov 99

15. LOR, 1 Dec 99

16. Airman’s Receipt of Acknowledgement of Receipt