I 
"I 
1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

MEMBER SITTING 

HEARING DATE 
23 Sep 2003 

CASE NUMBER 
FD-2003-00286 

Case heard at Washington, D.C. 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

SAFIMRBR 
550 C STREET WEST,  SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS A m ,  MD 20162-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00286 

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

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 discharge is denied. 

The Board  finds the applicant  submitted no issues contesting the equity or propriety  of the discharge,  and 
after a thorough review of the record, the Board was unable to identify any. 

Issues.  Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his 
request to be discharged in lieu of trial by court martial.  Additionally, member had two Articles 15, one for 
absenting himself from his unit for 13 days, and the other for wrongfully downloading and viewing 
pornographic materials on a government computer on divers occasions.  Without further evidence to the 
contrary, the Board concluded member's  apparent misconduct was incompatible with Air Force standards 
and an extremely significant departure from conduct expected of all military members.  For the period of 
service under review, his misconduct was sufficient reason for receiving a UOTHC discharge.  The Board 
further notes that applicant voluntarily submitted his request for discharge in lieu of trial by court martial, 
thus not attempting to establish his innocence or present any extenuating or mitigating factors.  In doing so 
he acknowledged that under these circumstances his characterization of service could be deemed under 
other than honorable conditions in accordance with discharge regulations, wherein airmen so discharged 
usually do have their service characterized as UOTHC.  Furthermore, since the discharge documents are not 
available for review, and lacking any evidence from the applicant to the contrary, the Board must rely on 
the presumption of regularity and found no wrongful action by the Air Force, and finds the discharge proper 
and without basis for upgrade. 

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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SRA) (HGH SRA) 

MISSING  DOCUMENTS  &  MEDICAL  RECORDS 

1.  MATTER  UNDER  REVIFW:  Appl rec'd  a UOTH Disch fr USAF 15 Oct 01 UP AFI 36- 
3208, Chapter 4  (Discharge in Lieu of Court Martial).  Appeals for Honorable 
Disch. 

2 .   BACKGROUND: 

a. DOB: 16 Jan 74.  Enlmt Age: 24 7/12.  Disch Age: 27 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-51,  G-42,  M-40. PAFSC: 2S051 -  Supply Management 
Journeyman. DAS: 24 Aug 98. 

b.  Prior Sv: (1) AFRes 23 Jan 98 -  10 Mar 98 (1 month 16 days)(Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as A1C 11 Mar 98 for 4 yrs. Svd: 3 Yrs 7 Mo 4 Das, of which 

AMS is 3 yrs 5 months 17 days  (excludes 1 month 18 days lost time) 

b.  Grade Status:  SrA -  14 Aug 01 
A1C -  27 Jul 99 
Amn -  03 Sep 98 (Article 15, 3 Sep 98) 

c.  Time Lost:  28 Jul 98-21 Aug 98 &  16 Sep 01-10 Oct 01 (1 month 18 days) 

d.  Art 15's:  (1) 25 Apr 01, Mountain Home AFB, ID -  Article 92.  You, 

- -  . .  -  - - - 

- .  

did, on divers occasions between on or about 24 Sep 00 
and between on or about 9 Nov 00, violate a lawful 
general regulation, to wit: para 6.1.3, AFI 33-129, 1 
Aug 99, by wrongfully downloading and viewing 
pornographic material.  Suspended reduction to Airman 
-- (remitted 2 0  Jul..O1) .  Forfeiture _of .S5B.OO pay-per 
month for 2 months, and 10 days extra duty.  (No appeal) 
(No mitigation) 

(2) 3 Sep 98, Mountain Home AFB, ID -  Article 86.  You, 

did, on or about 11 Aug 98, without authority, absent 
yourself from your place of duty at which you were 
required to be, to wit: 366th Supply Squadron, Mountain 
Home AFB, ID, and did remain so absent until on or about 
24 Aug 98.  Reduction to Airman, 30 days restriction, 
and 15 days extra duty. (No appeal) (No mitigation) 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: 11 Mar 98 -  20 Dec 99  Mountain Home AFB  4  (Initial) 
21 Dec 99 -  20 Dec 00  Mountain Home AFB  5  (Annual) 

(Discharged from Mountain Home AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (8) Mos  (11) Das 
TAMS:  (3) Yrs  (5) Mos  (17) Das 

4 .   B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 16 Jun 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. DD Form 214. 
2. Enlisted Performance Reports. 
3. Notification Promotion Non Recommendation Cancellation. 
4. Peformance Feedback Worksheets. 
5. Sharp Troop of the Month Certificate.