AIK F'OKCE DISCHAKGE WVIEW B O W  HEAKING W C U K U  

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

WEST, SUITE 40 
FB, TX 781 50-4742 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUhlBER 

FD-2004-00151 

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 available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of Discharge is denied. 

The  Board  finds  that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justifL a change of discharge. 

ISSUES: 

Issue 1.  Applicant inferred that discharge was too harsh because it was damaging to his reputation.  The 
records indicated the applicant received two Article  15s for viewing pornography on his government 
computer.  The DRB opined that through these administrative actions, the applicant had ample opportunities 
to change his negative behavior.  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. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on July 5, 
2000) that he understood he must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is 
not a matter of inequity or impropriety, which would warrant an 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 AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH A1C) 

1.  MATTER  UNDER REVIEW:  Appl recfd a GEN Disch fr Ramstein AB, Germany on 28 
Jul 03 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 15 Jun 79. Enlmt Age: 20 11/12.  Disch Age: 24 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-73,  G-62,  M-90. PAFSC: 3C051 -  Communications-Computer 
Systems Operations Journeyman. 
DAS: 17 Sep 01. 

b.  Prior Sv: (1) AFRes 23 May 00 -  20 Jun 00 (29 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 21 Jun 00 for 4 yrs.  Extended 12 Jul 01 for 3 months. 

Svd: 3 Yrs 1 Mo  8 Das, all AMS. 

b.  Grade Status:  AMN -  09 Jun 03  (Article 15, 09 Jun 03) 

A1C -  21 Oct 01 
AMN -  21 Dec 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 09 Jun 03, Ramstein AB, Germany -  Article 92.  You, 

did, on divers occasions between on or about 30 Apr 03 
and on or about 7 May 03, violate a lawful general 
regulation, to wit: para 6.1.3, AFI 33-129, dated 4 Apr 
01, by wrongfully storing, processing, displaying, and 
viewing pornographic images and sexually explicit 
material via your government computer.  Reduction to 
Airman, 45 days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

(2) 16 Oct 02, Ramstein AB, Germany -  Article 92.  You, 

did, between on or about 19 Aug 02 and on or about 30 
Sep 02, violate a lawful general regulation, to wit: 
para 6.1.3, AFI 33-129, dated 4 Apr 01, by wrongfully 
processing, displaying, and viewing pornographic images 
and sexually explicit materials via your government 
computer.  Suspended reduction to Airman, forfeiture of 
$125.00 pay per months for 2 months, 11 days extra duty, 
and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None 

g.  Record of SV: 21 Jun 00 -  20 Feb 02  Ramstein AB  5  (Initial) 
21 Feb 02 -  20 Feb 03  Ramstein AB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFOEA. 

i.  Stmt of Sv:  TMS: (3) Yrs  (2) Mos  ( 6 )  Das 
TAMS: (3) Yrs  (1) Mos  ( 8 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 6 Apr 04 

(Change Discharge to Honorable) 

Issue 1:  I believe my discharge of General Under Honorable Conditions is 

damaging on my behalf.  I wish to use my Montgomeray G.I. Bill to further my 
education from that which I've learned in the military.  I would like my 
discharge from the military upgraded to Honorable so I may use my Montgomery 
G.I. Bill, and so I will not have any negative consequences when attempting to 
obtain a decent job . 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

86M AIRLIFT WING (USAFE) 

I  - -  

6 

JUL 

8 :; 

MEMORANDUM FOR AMI\ USAFE CSS 
FROM:  USAFE CSS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32, Military Retirements and Separations, 
and AFI 36-3208, Administrative Separation oflirmen,  paragraph 5.49.  If my recommendation 
is approved, your service will be characterized as Honorable or General.  I am recommending 
that your service be characterized as General (Under Honorable Conditions). 

2.  My reasons for this action are: 

a.  Between on or about 30 April 2003 and on or about 7 May 2003, you violated a l a h l  

general regulation, specifically AFI 33- 129, Transmission oflnforrnation  Via the Internet,  by 
wrongfully processing, displaying, and viewing pornographic images and sexually explicit 
materials on your government computer on divers occassions.  For this incident you received 
non-judicial punishment, dated 9 June 2003.  Additionally, this document was placed in your 
existing Unfavorable Information File (UIF).  (Atch 1 a and 1 b) 

b.  Between on or about 19 August 2002 and on or about 30 September 2002, you 

violated a l a m 1  general regulation, specifically, AFI 33-129, Transmission of  Information  Via 
the Internet, by wrongfully processing, displaying, and viewing pornographic images and 
sexually explicit materials on your government computer.  For this incident you received non- 
judicial punishment, dated  16 October 2002.  Additionally, this document established your UIF. 
(Atch l a  and lc) 

3.  Copies of the documents to be fonvarded 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 USAF and any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult with 
Area Defense Counsel, Ramstein AB, GE, Building 2111, DSN 480-218212492 on 

9 

at  // b 0 hours.  You may consult civilian counsel at your own 

9 JiiL  83 

expense. 

have the right to submit statements in your own behalf.  Any statements you want 

separation authority to consider must reach me by 

I 301 6h  at  13 O b  hours 
ou 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 submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical evaluation.  You must report in uniform with your 
medical records and an escort to the.Ramstein  AB Clinic, Physical Exams, Building 2121 
on  Q-‘G&Q 3 
hours for the evaluation.  If an examination is 
required$elldhe  doctor you need a "separation"  physical examination.  If you wear glasses, you 
must bring them with you.  If you wear contacts, you must be able to remove them. 

a t   0 800 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208, Administrative Separation of  Airmen, is available for your use in the 
orderly room. 

Commander 

Attachments: 
1.  Supporting Documents: 

a.  AF Form 1168 
b.  DD Form 3070, dated 9 June 2003 wlatchs 
c.  DD Form 3070, dated 16 October 2002 w/atchs 
d.  Memorandum for Record, dated 2 July 2003 
2.  Airman's  Receipt of Notification Memorandum