AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE AFSN/SSAN
CAPT | Aiheee
TYPE
xX
UOTHC PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
MEMBERS SITTING
VOTE OF THE BOARD
HON GEN VOTHC OTHER DENY
aT x
[lr x
ri‘ x
ay x
ay *
ISSUES INDEX NUMBER E _ EXHIBITS SUBMITTED TO THE BOARD Se
A01.01, A01.13, A01.39, A67.30 1 | ORDER APPOINTING THE BOARD
A01.49, A02.09, A67.03, 2 | APPLICATION FOR REVIEW OF DISCHARGE
A92.19, A92.37, A93.23
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-01-23 FD2003-0004
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE. DISCHARGE REVIEW BOARD: DECISIONAL RATIONALE.
REMARKS
Case heard at Washington, D.C.
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.
SECRETARY OF THE AJR 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 FD2003-0004
NOTE: As an exception to policy, this is a non-personal appearance rehearing based on applicant’s
request to submit additional supporting information which was unavailable at the time of the initial
records review conducted in July 2002. All of the additional documents were received and reviewed
by the Discharge Review Board, as requested by the applicant, in arriving at its findings.
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
sauthority for the discharge.
The applicant was offered a personal appearance before the Discharge Review Board 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, and change of reason and authority for, the discharge are 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.
The applicant's issues are listed in the attached brief.
Issues 1, 2 and 6 are similar and will be addressed together. Applicant contends the discharge was improper
because the Air Force failed to follow its own regulations and procedures regarding notification of and
conduct of a Board of Inquiry (BO]), because applicant did not have adequate access to legal counsel or the
evidence against him, because applicant did not properly submit a conditional or unconditional waiver to
his right to a board hearing, and because certain dates referred to on the discharge documents are erroneous.
The record reflects that from about October 1998 to May 2000, applicant engaged in an adulterous
relationship witha a married woman not his wife. He used his government computer e-mail
account extensively to exchange unofficial e-mails with her. After M@@Q@MMiiasked applicant to leave her
alone, he continued to contact her at her place of employment, church, and residence, in person, by phone,
and by e-mail. This led ago obtain a peace order against applicant; when he violated it, @qQ0RaN
filed a Petition for Contempt. On July 11, 2000, applicant’s commander gave him a written “no contact
order’ to refrain from all direct or indirect contact with aggggiaaaa. Meanwhile,
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