AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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k%j%m*%q NAME OF COUNSEL AND OR ORGANlWTlON 

P E R A L  

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APPEARANCE 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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ISSUES  A94.05 

INDEX NUMBER 

A67.90 

HEARING DATE 

04 Oct 2005 

CASE NUMBER 

FD-2005-00132 

Case heard at Washington, D.C. 

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

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. 
1 Names and votes will be made available to the applicant at the applicant's request. 

TO: 

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SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT' 

. r .  

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DATE:  10/4/2WS  ' 

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

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00132 

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 justify a change of discharge. 

ISSUE:  Applicant does not contest his discharge.  He states that he thought he could request an upgrade six 
months  after his  separation  and  that  he  has  worked  hard  to  rehabilitate  himself by  successfully holding 
several jobs  since his discharge.  The records indicated the applicant received an Article 15 for wrongfully 
displaying pornographic  images on a government computer, a Letter of Reprimand for departing the duty 
area without authority, and a Letter of Counseling for ignoring the chain of command.  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. 

The DRB was pleased to see that the applicant was doing well and has progressed in the job market. 
However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 
The applicant stated he was told his discharge could be upgraded in six months.  The DRB noted the issue 
was common, the result of miscommunication.  While a discharge may be upgraded after six months, the 
upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB can establish 
an inequity or impropriety took place at the time of discharge.  In this case, none was found, so the Board 
denied the appeal. 

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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr F.E. Warren AFB, WY  on 6 May 
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: 11 Oct 81.  Enlmt Age: 18 4/12.  Disch Age: 20 6/12. Educ: HS DIPL. 
AFQT: N/A.  A-59,  E-57,  G-46,  M-43. PAFSC: 2P031 -  Security Forces Apprentice. 
DAS: 13 Nov 00. 

b.  Prior Sv:  (1) AFRes 12 Feb 00 - 30 May 00  (3 months 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 31 May 00 for 6 yrs. Svd: 1 Yrs 11 Mo 6 Das, all AMS. 

b.  Grade Status:  AMN -  8 Feb 02  (Article 15, 8 Feb 02) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Feb 02, F.E. Warren AFB, WY  -  Article 92.  You did, 

on divers occasions between on or about 15 Dec 01 and on 
or about 24 Dec 01, violate a lawful general regulation, 
to wit: 6.1.1 and 6.1.3, AFI 33-129, dated 4 Apr 01, by 
wrongfully displaying pornographic images on a 
government computer.  Reduction to Airman.  Suspended 
reduction to A B .   Thirty days extra duty.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 7 NOV 01 -  Departing duty area without authority. 

LOCI UNDATED -  Ignoring the Chain of Command. 

f.  CM:  None. 

g.  Record of SV: 31 May 00 -  15 Oct 01  F.E. Warren AFB  4  (HAF Dir) 

16 Oct 01 -  07 Mar 02  F.E. Warren AFB  3  (Cmdr Dir) 

h.  Awards &  Decs :  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (2) Yrs. (2) Mos  (25) Das 
TAMS: (1) Yrs  (11) Mos  (6) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 23 Mar 05. 

(Change Discharge to Honorable) 

Issue 1:  Since my discharge from the US Air Force in May of 2002, I have 

worked hard to rehabilitate myself.  I have successful (sic) in holding several 
jobs, providing myself to be a valuable asset to my employers.  When I left 
these jobs due to relocation and or the opportunity to better my position it was 
on favorable terms with my employers.  I have since remarried and am a 
productive member of society, both civilian and military, and a solid citizen. 
It is my understanding that I could request an upgrade in the condition of my 
discharge from General to Honorable, six months after my separation date.  Based 
on the established and proven record since my discharge, I am requesting that my 
discharge be so upgraded.  I also attached a job reference sheet of all the 
companies i (sic) have or had worked for. 

ATCH 
1. Job Reference Sheet. 

DEPARTMENT OF THE AIR FORCE 

90TH SPACE WING (AFSPC) 

MEMORANDUM FOR 

FROM:  3 19 MSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a pattern of 
misconduct and mental disorders.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.50.2 and 5.1 1.2.- Ifmy recommendation is approved, your service will be 
characterized as honorable or under honorable conditions (general). I am recomniending that 
your service be characterized as under honorable conditions (general). 

2.  My reasons for discharging you for a pattern of misconduct are: 

a.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on divers occasions 

between on or about 15 Dec 01 and on or about 24 Dec 01, violate a lawful general regulation, to 
wit: paagraphs 6.1.1 and 6.1.3, Air Force Instruction 33-129, dated 4 Apr 01, by wrongfully 
displaying pornographic images on a government computer.  For this offense, you were punished 
under Article 1 5, UCMJ, on 8 Feb 02.  Punishment consisted of reduction to the grade of airman, 
suspended reduction to the grade of airman basic, and thrty days extra duty. 

b.  You, having knowledge of your duties at or near Francis E. Warren Air Force Base, 

Wyoming, on or about 27 Oct 01, were derelict in the performance of those duties in that you 
departed the Cheyenne area without notifjmg supervisor's,  as it was your duty to do. ,For this 
misconduct, you received a Letter of Reprimand (LOR), dated 7 Nov 01. 

c.  You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about 17 Jul00, 

ignore the chain of command.  For this misconduct, you received a Letter of Counseling (LOC), 
undated. 

3.  My reason for discharging you for mental 
received a mental health evaluation fiom M 

at on or about 14 Feb 02, you 

Staff Psychiatrist, Chief, Mental 

s E. Warren Air Force Base, Wyoming.  In his memorandum, dated 
onfirmed the diagnosis of sleepwalking disorde 
al Manual of Medical Disorders @SM-TV).  M 

your disorder is so severe that your ability to function effectively in the military environment is 

significantly impaired.  Under the provisions of AFI 36-3208, paragraph 5.1 1.2, 
report of evaluation is sufficient to support a recommendation for discharge. 

3.  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 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 an attorney at the Area Defense Counsel's 
Office at Building 292, extension 3248, on  /zh@x  at  ~ & & 7  
consult civilian counsel at your own expense. 

. Youmay 

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5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must 
notification memorandum, that date being 
receive an extension for good cause 
separation authority for his consideration. 

after receipt of the 
unless you request and 
you submit to the 

6.  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. 

7.  You have been scheduled for a medical examination. You must report to Physical Exams at 
0730 hours, on 

for the examination. 

8.  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 your Command Support Staff office. 

.** 

Attachments: 
1.  Article 15, dated 8 Feb 02 
2.  LOR, dated 7 Nov 01 
3.  LOC, undated 
4.  Statement of Medical Condition, dated 15 Feb 02