AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

   
  

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

    

 

 

 

 

“VOTE OF THE BOARD

MEMBERS SITTING Soe ee ome
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: EXHIBITS SUBMITTED TO THE BOARD

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

ISSUES

A95.00

INDEX NUMBER

A67,90

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

FD2003-0058 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

HEARING DATE

1 MAY 03

CASE NUMBER

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE, AND: THE BOARD'S DECISIONAL RATION ‘AL ARE DISCUSSED ON. THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. ,

Mii

 

 

REMARKS
Case heard at Washington, D.C.

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

SIGNATURE OF RECORDER SIGNATURE_OF BOARD PRESIDENT # /

     

 

DATE: T MAY 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

 

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

 
   
 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0058

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received
two Article’s 15 for failure to go and wrongfully using his government computer to transmit pornographic
material. In addition, he received a Letter of Reprimand for failure to stop at a stop sign and driving with a
suspended driver’s license. The Board concluded the disciplinary infractions were a significant departure
from the conduct expected of all military members. The Board found no evidence of impropriety or
inequity in this case on which to base an upgrade of 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
FD2003-00058
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

i (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 4 Jun 02 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 9 Jul 78. Enlmt Age: 21 9/12. Disch Age: 23 10/12. Educ: HS DIPL.
AFOT: N/A. A-55, E-43, G-32, M-27. PAFSC: 38051 - Personnel Journeyman.
DAS: 4 Feb 02.

b. Prior Sv: (1) AFRes 21 Apr 00 ~ 30 May 00 (1 month 10 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as Amn 31 May 00 for 4 yrs. Svd: 2 Yrs 0 Mo 5 Das, all AMS.

b. Grade Status: AMN - 30 Apr 02 (Article 15, 30 Apr 02)
Alc - 31 Mar O1 .

c. Time Lost: None.

d. Art 15‘s: (1) 30 Apr 02, Moody AFB, GA - Article 92. You, did, from
on or about 4 Apr 02 to on or about 5 Apr 02, violate a
lawful general order, to wit: para 3.3, AFI 33-119, by
wrongfully using your government computer to transmit
pornographic material. You, who knew of your duties, on
or about 5 Apr 02, were derelict in the performance of
those duties in that you willfully failed to refrain
from conduct of a sexually offensive nature by
electronically transmitting the message "She remind me
of you soft and creamy. You know you working with
something under them BDUs, but only time will tell," or

words to that effect, to SRA ---~~--- , as it was your
duty to do. Reduction to Amn. (No appeal) (No
mitigation)

(2) .17 May 01, Moody AFB, GA - Article 86. You, did, on or
about 3 May 01, without authority, fail to go at the
time prescribed to your appointed place of duty.
Suspended reduction to Amn, and 10 days extra duty.

(No appeal) (No mitigation)

e. Additional: LOR, 23 APR 02 - Speeding and driving with a suspended
driver's license.
4.

NO I

ATCH
None

FD2003-00058
£. CM: None.
g. Record of SV: 31 May 00 - 31 Jan 02 Moody AFB 5 (Initial)
(Discharged from Moody AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (2) Yrs (1) Mos (15) Das
TAMS: (2) Yrs (0) Mos (5) Das

BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 12 Feb 03.
(Change Discharge to Honorable)

SSUES SUBMITTED.

25MARO3/ia
DEPARTMENT OF THE AIR FORCE

347TH RESCUE WING (ACC)
MOODY AIR FORCE BASE, GEORGIA

 

17 May 2002

MEMORANDUM FOR aii agen 11D

FROM: 347 MDSS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for conduct prejudicial
to good order and discipline (pattern of misconduct). The authority for this action is AFPD 36-
32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your service will be
characterized as honorable or under honorable conditions (general). I am recommending that
your service be characterized as under honorable conditions (general).

2. My reasons for this action are as follows:

a. You did, at or near Moody Air Force Base, Georgia, on or about 3 May 2001, without
authority, fail to go at the time prescribed to your appointed place of duty, to wit:
building 3010, Military Personnel Flight. For this offense, you received nonjudicial
punishment pursuant to Article 15, UCMJ on 17 May 01. Your punishment included a
reduction to the grade of Airman (suspended), and 10 days extra duty (Atch 1a).

b. On 19 Apr 02, you were apprehended by a Valdosta Police officer, for failing to stop at a
Stop sign, and driving with a suspended driver’s license. For this offense, you received a
Letter of Reprimand, dated 23 Apr 02, which was used to establish your Unfavorable .
Information File (Atch 1b).

c. You did, at or near Moody Air Force Base, Georgia, from on or about 4 April 2002 to on
or about 5 April 2002, violate a lawful general order, to wit: paragraph 3.3, Air Force
Instruction 33-119, dated 1 March 1999, by wrongfully using your government computer
to transmit pornographic material. Also, on or about 5 April 2002, you were derelict in
the performance of those duties in that you willfully failed to refrain from conduct of a
sexually offensive nature by electronically transmitting the message “She remind me of

you soft and creamy. You know you worki ith something under them BDUs, but
only time will tell,” or words to that effect, is it was
your duty to do. Your punishment included a reduction to the grade of Airman (Atch 1c).
EP p7e03- eee SY

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM 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 and will probably be precluded from enlistment in any
component of the armed forces. Any pay special pay, bonus, or education assistance funds may
be subject to recoupment.

4

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
[ have made an appointment for youto consult _ , Area Defense Counsel, in
Building 5107 Austin Ellipse, Moody AFB, GA, extension (DSN) 460-3421, on 20 May 2002 at
0900 hrs. Please take your copy of this Notification Memorandum and attachments with
you to your appointment. You may consult civilian counsel at your own expense.

4. You have the right to submit a statement 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 letter unless you request and receive an extension for good cause shown. I will send

them to the separation authority.

5. 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,

6. You have been scheduled for a medical examination. You must report to the Moody Air

Force Base Hospital, Physical Exams, Building 3296, on 21 May 2002 at 1330 hrs for the
examination. This is a mandatory appointment. Be sure to bring your medical records to

this appointment.

7. 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. .

8. Execute the attached acknowledgement and return it to me immediately.

 

Attachments:

1. Supporting Documents, Reasons for Discharge
a. AF Form 3070, 17 May 01
b. LOR\UIF, 23 Apr 02

c. AF Form 3070, 30 Apr 02
2. Receipt of Notification Memorandum