AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

AFSNISSAN 

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1

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE GEN 

$ O v ~ s a  i 

PERSONAL APPEARANCE 

X 
NAME OF COUNSEL AM) OR ORGANIZATION 

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AMERICAN LEGION 

MEMBER SITTING 

GRADE 

1  AlC 

1 

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1  ADDRESS AND OR ORGANIZATION  OF COUNSEL 

RECORDREVIEW 

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%  + VU$&  OF T@$oARD 
 
E N  

I  UOTHC 

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'1" " '  4 
I  DENY 

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OTHER 

...-..-.-..-..-..-..-....-..-. 
ISSUES  A01.13 
A92.25 
A93.34 
A93.15 

INDEX NL'hlBER 

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~ h 7 . l n  

HEARlNG DATE 

CASE NUMBER 

I  ORDER APPOINTING THE BOARD 

- EXHIBITS SUBMITTED TO TiiE BOARD 
1 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
1  4  1  BRlEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 

13 May 2004 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DlSCtlARCE REVIEW BOARD DECISIONAL RATIONALE 

FD-2003-00455 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

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SAFJMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

I  FROM: 

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(EF-V2) 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00455 

GENERAL:  The applic 
wife, and his counsel, Mr. 
the matters  attached  to hi 
SS~-and 
factors leading to the discharge. 

MS~-T~~ 

r upgrade  of his  general  discharge to  honorable.  The applicant, his 
appeared before the Discharge Review Boar 
the  applicant  provided statements  from  Cap 

. In a 
MSgt 
attached brief contains available pertinent data on the applican 

FINDINGS:  Upgrade of Discharge is denied. 

BACKGROUND:  The  applicant  received  a  general  discharge  after waiving  his  right  to  present  his  case 
before  an  administrative  discharge  board.  The  applicant's  record  during  the  enlistment  under  review 
contains an Article  15 for theft of gasoline, a reprimand for being late to work, a reprimand  for improperly 
using and failing to pay his government credit card bill, a reprimand for dishonorably  failing to pay a credit 
card bill,  and  a  Summary Court-Martial  conviction  for  wrongfully  using  a  government  computer to  view 
pornography. 

Issue  1.  Applicant contends his Summary Court-Martial conviction is unjust because the court wrongfully 
considered evidence which should have been excluded.  Specifically, the applicant believes the court should 
not have received in evidence the computer on which the pornography was found.  He states that computer 
should have been stored by the Security Forces or the Office of Special Investigations rather than in the 
commander's  or first sergeant's office.  The Military Rules of Evidence do not require evidence to be kept in 
a particular location.  Moreover, by removing the computer for use and then placing it in offices where it 
could be observed by responsible squadron personnel, the applicant's unit took appropriate action to 
safeguard the computer and ensure it would be available for trial.  Based on the foregoing, the DRB found 
this issue to be without merit. 

Issue 2.  Applicant contends his Summary Court-Martial conviction is unjust because the court wrongfully 
considered evidence which should have been excluded.  Specifically, the applicant believes the court should 
not have considered a computer disc containing a copy of the pornographic files copied from the applicant's 
government computer.  The applicant claims that the disc containing the files was made shortly after he was 
accused of viewing pornography  on his government computer.  From that date until his trial about 3 months 
later, the applicant claims the disc was not properly secured.  The technician who made the disc simply 
brought the disc with him to the applicant's trial.  The applicant's  unit appropriately safeguarded this 
evidence by entrusting it to the technician who brought it with him to the applicant's trial.  Based on the 
foregoing, the DRB found this issue to be without merit. 

Issue 3.  The applicant claims one of his supervisors, MSgt="was 
incidents "that were not my doing."  The applicant's  record contains counselings, reprimands, and 
Article  15s from personnel other than MSgt 
without merit. 

Based on the foregoing, the DRB found this issue to be 

predisposed to blame"  him for 

Issue 4.  The applicant contends his military defense counsel did not have sufficient time to prepare his case. 
The evidence in the file and the applicant's  testimony indicate that the applicant was initially offered a 
nonjudicial punishment  for misusing his government computer in July 2000.  The applicant's  Summary 
Court Martial was not convened until October 2000.  The Board also noted the applicant was offered the 
opportunity to present this issue and any other that he believed appropriate to a discharge board.  The 
applicant, after discussing the decision with his counsel, elected to waive his discharge board provided he 
received no worse than a general discharge.  Based on the foregoing, the DRB concluded this issue was 

without merit. 

Issue 5.  Applicant contends the reprimand he received on 1 Feb 89 for wrongfully using his government 
credit card and failing to pay an $8.97 charge should not have been considered at either his court-martial or 
by the convening authority during his discharge action.  The Board found the applicant's evidence on this 
issue to be strong and agrees the reprimand should have been excluded.  The Board, however, is unable to 
upgrade the respondent's  discharge based on this finding.  The amount and severity of the applicant's 
misconduct which is well established by evidence in the file convinced the Board that even had this 
reprimand not been included there would have been no change in the outcome of either his trial or his 
discharge.  The Board determined that this error did not constitute prejudicial error, i.e., there was not 
substantial doubt that the discharge would have remained the same if the error had not been made.  Based on 
the foregoing, the DRB concluded there is no basis on which to grant relief on this issue. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  regulation,  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 AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF 31 Jan 01 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor ~isciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 19 May 73.  Enlmt Age: 18 1/12.  Disch Age: 27 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-75,  G-82,  M-56. PAFSC: 2S051 -  Fuels Journeyman. 
DAS: (EPR Indicates) :  19 Nov 91-18 Nov 92. 

b.  Prior Sv: (1) AFRes 19 Jun 01 -  18 Nov 91 (5 months 1 day)(Inactive). 

21 days, all AMS.  AMN -  Unknown.  A1C-(EPR Indicates): 19 Nov 91-18 Jul 93.  SrA 
-  19 NOV 94.  EPRs: 4,5. 

(2) Enlisted as AB  19 Nov 91 for 4 yrs.  Svd: 3 yrs 2 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 10 Feb 95 for 6 yrs. Svd: 5 Yrs 11 Mo 21 Das, all 

AMS . 

b.  Grade Status:  A1C -  5 Oct 00  (Summary Court Martial, 5 Oct 00) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Jun 97, Pope AFB, NC  -  Article 121.  You, did, 

between on or about 1 Nov 96 and on or about 1 Apr 97, 
on divers occasions, steal gas, military property, of a 
value of $100.00 or less, the property of the United 
States Air Force.  Suspended reduction to A1C. 
Forfeiture of $200.00 pay, and 14 days extra duty. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 06 NOV 00 -  Financial irresponsibility. 
LOR, 01 FEB 99 -  Financial irresponsibility. 
RIC, 03 DEC 98 -  Dereliction of duty and damage to 

'  RIC, 17 NOV 98 -  Destruction of government property and 

government vehicle. 

RIC, 17 NOV 98 -  Failure to Chock Refueling Unit. 
RIC, 06 J U L   98 -  Late for duty. 

failure to notify supervisor. 

f.  CM:  Summary Court Martial -  5 Oct 00 

Article 92.  Did, on divers occasions, at or near Pope, AFB, NC, 

between on or about 2 Jul 00 and on or about 8 Jul 00, fail to 
obey a lawful general regulation, to wit: paragraph 6.1.1 of AFI 
33-129, dated 1 Aug 99, by wrongfully using a government computer 
for unauthorized purposes, to include viewing pornographic images. 
Sentence adjudged on 5 Oct 00: Reduction to A1C and 18 days 
confinement. 

g.  Record of SV: 19 Jul 94 -  18 Jul 95  Pope AFB  5  (Annual) 
19 Jul 95 -  18 Jul 96  Pope AFB  4  (Annual) 
19 Jul 96 -  18 Jul 97  Pope AFB  2  (AnnualIREF 
19 Jul 97 -  18 Jul 98  Pope AFB  5  (Annual) 
19 Jul 98 -  13 Feb 99  Pope AFB  2  (CROIREF 
14 Feb 99 -  12 Aug 99  Pope AFB  5  (CRO) 
13 Aug 99 -  12 Aug 00  Pope AFB  3  (Annual) 

(Discharged from Pope AFB) 

h.  Awards &  Decs:  AFLSAR W/1 DEV, AFTR, NDSM, NCOPMER, AFOUA, AFGCM W/1 

DEV . 

i.  Stmt of Sv:  TMS: (9) Yrs  (7) Mos  (12) Das 

TAMS: (9) Yrs  ( 2 )  Mos  (5) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Sep 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 149. 
3. Application for Relief Under Article 69(b), UCMJ. 
4. Character Reference (2) . 
5. American Express Receipt. 
6. Enlisted Performance Report(2). 
7. AF Form 1297. 
8. Character Reference. 
9. American Express Correspondence with Attachments. 
10. Memo for Record. 

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7.  SUPPORTING DOCUMENTS (X as applicable) (Please print name and W i a l  M t y  Number on each documt.) 
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X 

WIU  NOT BE summm.  FLEAS  corumm REVIEW  BASED ON AVAILAES  SERVICE  RECORDS. 

ARE USED 6 E L W  AND ARE  ATTACHED TO THIS A P P U C A m  (Ca7tinue m a plain sheet of paper ffm space k needed.) 

COPY OF HAND RECIEPT SERVING AS CHAIN OF CUSTODY OF EVIDENCE 
8.  ISSUES 

The Board will consider any issue submitted by y m  prior to closing the case for deliberation.  The Board will also review the case to 

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determine wfiether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of concern to you unless those issues are listed or  incorporated by specific  reference below.  Carefully read the  instructions 
that pertain to Block 8 prior to completing this part of the application.  If you need mwe space, submit additional issues on an attachment. 
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I  HAVE WE0 ADDmOWL tfSUES AS AN ATTACHMENT TO M S  APPUCAT#)N. 

I  PEW&lSLY  WBMlTED AN APPUCAllOM ON (Entw date) 
AND AM COWETlNG THIS FORM IN ORDER TO SUBMIT ADOITION&  ISSUES. 

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9.  CERTIFIGATION 

I make the foregoing statements as part of my application with full knowledge of the penalties invdved for willfully making a false 

statement.  (U.5. Code, litle  18, Sectian 1007. p r o w s  that an individual shaH be fined undsv this title or imprisoned not m e  than 5 years, 
w twth.) 

1 Sept 03 

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ARMY 

1 
Anny Review Boards Agency 
Support Division,  St. Louis 
ATTN:  SFMR-RBR-St 
9700 Page Avenue 
St.  Louis, h40  63132-5200 
(See http:llarba.wmy,pentag~,mif) 
DD FORM 293, DEC 2000 

[ 

NAVY & MARINE CORPS 

Naval CouncU of Personnel Boards 
720 Kennon Street. S.E. 
Rm. 309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

AIR FORCE 

1 

COASf GUARD 

I 

SAF/MIBR 
550-C Street West,  Suite 40 
Randolph AFB,  TX  781 50-4742 

Commandant (GWPM) 
2700 Second Street S.W. 
Washington,  DC  20593-0001 

Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 43D AIRLIFT WING  (AMC) 
POPE AIR FORCE BASE NORTH CAROLINA 

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16  HOV  2099 

FROM: 43 SUPSICC 

1443 Reilly Street 
Pope AFB NC 28308 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recornmendingyour  discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, 
paragraph 5.49.  The most severe type of discharge authorized in this case is an under other than 
honorable conditions discharge, if the convening authority determines such characterization  is 
warranted and directs initiation of a discharge board.  I am recommending that your service be 
characterized as general.  Copies of the documents to be forwarded to the separation authority to 
support this recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about 1 Oct 00, you dishonorably failed to pay your just  debts.  You were delinquent 

in the payment of your government travel card in the amount of $913.15 as documented by an 
Letter of Reprimand (LOR), dated 6 Nov 00. 

b.  Between on or about 2 Jul00 and on or about 8 Jul00, you did, on divers occasions, at or 

near Pope AFB NC, fail to obey a l a d l  general regulation, to wit:  paragraph 6.1.1  of 
AFI 33-129, dated 1 Aug 99, by wrongfully using a government computer for unauthorized 
purposes, to include viewing pornographic images as documented by  an AF Form  1359, Report 
of Result of Trial, dated 5 Oct 00. 

c.  Between on or about Oct 98 and on or about Dec 98, investigation disclosed that you failed 
to pay your American Government Express Card bill, to wit:  the amount of $8.97.  The charge 
that you failed to pay was an unauthorized charge at Blockbuster Video as documented by an 
Letter of Reprimand (LOR), dated  1 Feb 99. 

d.  On or about 2 Dec 98, at approximately  171 5 hours you left the fillstand in unit 97L37. 

You did not verifL that your ground cable was securely wrapped, because it was found the next 
morning broken and completely wrapped around the front left dual as documented by an AF 
Fonn 1 ~ 4 ~ e c o r d  

of Individual Counseling, dated 3 Dec 98. 

*B 

AMC-Global  Reaclr for America 

e.  On or about  16 Nov 98, you were preparing to get your Refueling unit filled at the Type 111 
fillstand.  You parked your unit and proceeded to get the hydrant operator from building  1 107. 
While going toward the building you noticed the hydrant operator in the window.  You knocked 
on the window to get the operator's  attention and the window fell and broke as documented by 
an AF Form  174, Record of Individual Counseling, dated 17 Nov 98. 

1.  b ~ i  U i   L~UC)UL I U  I ' \ ~ L  > o ,  j O u   L r r l L  L L L L L  

I 7 .   A  uliil~tj LU  LIIC)bI\  LilC 
unit increases the chance for the unit to roll and hit other Government equipment if the parking 
brakes fail as documented by an AF Form  174, Record of Individual Counseling, dated 
17 Nov 98. 

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g.  On or about 6 Jul98, at 1530 hours, you were late coming to work as documented by an AF 

Form 174, Record of Individual Counseling, dated 6 Jul98. 

h.  Between on or about 1 Nov 96, and on or about 1 Apr 97, you did, on divers occasions, steal 

gas, military property, of a value of $100.00 or less, the property of the United States Air Force 
as documented by an AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 17 
Jun 97. 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) discharge.  I am recommending that you receive a general discharge.  The commander 
exercising Special Court Martial (SPCM) jurisdiction,  or a higher authority, will make the final 
decision in this matter.  If you are discharged, you will be ineligible for reenlistmed inithe Air 
Force and any special pay, bonus, or education assistance funds may be subjected to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to waive 

any of your rights. 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
An appointment has been scheduled for you to consult 
AFB NC Area Defense Office on 20 Nov 00 at 0830 hours.  Instead of the appointed counsel, 
you may have'another, if the lawyer you request is in the active military service and is reasonably 
available as determined according to AFI 5 1-201.  In addition to military counsel, you have the 
right to employ civilian counsel.  he Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

6.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights 
you choose to exercise.  The statement must be signed in the presence of your counsel who will 
also sign it.  If you waive your right to a hearing before an administrative discharge board, you 
may submit written statements in your own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation.  If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

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 at the orderly room. 

8.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

9.  The discharge board or, the discharge authority will make the finding and recommendations 
required under  10 U.S.C. 2005(g). 

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

Commander 

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Attachments: 
1.  LOR, dated 6 Nov 00 
2.  AFForm 1359,.5 Oct 00 
3.  LOR, dated  1 Feb 99 
4.  AF Form  174, dated 3 Dec 98 
5.  AF Form 174, dated 17 Nov 98 
6.  AF Form  174, dated 6 Jul98 
7.  AF Form 3070, dated  17 Jun 97