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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST,  FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

I 

- 

RECORD REVIEL. 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 
10451 N.  2ND ST, RM 158 MACHESNEY PARK 
11,6111 5-1455 

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1  UOTHC 

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1  OTHER 

1  DENY 

T Y P E  GEN 
, 
CDUNSEL 

PERSONAL APPEAKANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

YES 
X 

No 

ILVA 

MEMBER SITTING 

*7+;l. 8 s  

.,st 

HON 

1 

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ISSUES  A94.05 

INDEX NVhlBER 

A67.10 

I 

I  I 

I 

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EXHIBITS SUBMITTED TO THE BOARD 

1  1  ORDER APPODJTING THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
1  4  I  BRIEF OF PERSONNEL FILE 

I 

1 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

HEARING DATE I 
1  15 Dec 2005 
I Case heard at Washington, D.C. 

APPLICANT'S  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE  DISCUSSED ON THE ATTAUiED AIR FORCE DlSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

TAPE RECORDING OF PERSONAL APPEARANCE 

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 

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

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

1 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
A m  FORCE DISCHARGE REVIEW  BOAKU 
1535 COhlhlAND DR.  EE WING, 3KU FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

I 

I 
I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

I 

CASE NUMBER 

FD~2005-00200 

I 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.  I 
1 FINDINGS:  Upgrade of discharge is denied. 
I 

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 contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an  Article  15 for viewing pornographic material  on  a  government computer.  He  also 
received a Letter of Reprimand and two Memorandums for Record for financial irresponsibility, being late 
for work  and for missing an appointment.  The DRB opined that through these administrative actions, the 
applicant had  ample  opportunities to  change his  negative behavior.  The applicant states that  he  was  not 
given the  opportunity to  disagree, nor  fight, the  discharge.  The  record  clearly  shows  the  applicant was 
properly notified by the Commander and acknowledged the receipt of the notification.  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. 

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. 
I Attachment: 
Examiner's Brief 

I 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Whiteman AFB, MO on 8 Apr 98 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 27 Apr 76. Enlmt Age: 17 9/12.  Disch Age: 21 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-77,  G-82,  M-56. PAFSC: 3C051 -  Communications/Computer 
Systems Operations Journeyman. DAS: 8 Apr 96. 

b.  Prior Sv: (1) AFRes 7 Feb 94 -  6 Jun 94 (4 months) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 7 Jun 94 for 4 yrs. Svd: 3 Yrs 10 Mo 2 Das, all AMS 

b.  Grade Status:  A1C -  16 Mar 98 (Article 15, 16 Mar 98) 

SrA -  0 7   Jun 97 
A1C -  07  Oct 95 
A m  -  Unknown. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Mar 98, Whiteman, AFB, MO  -  Article 92.  You, who 

knew or should have known of your duties, on or about 16 
Feb 98, were derelict in the performance of those duties 
in that you willfully failed to refrain from using a 
United States government computer for personal, non- 
office purposes, by viewing pornographic material from 
the internet, as it was your duty to do.  Reduction to 
AlC.  (No appeal) (No mitigation) 

e.  Additional: MFR, 13 NOV 97 -  Missed appointment. 

MFR, 13 NOV 97 -  Late for work. 
LOR, 09 OCT 97 -  Financial irresponsibility. 

f .  CM:  None. 

g.  Record of SV: 07 Jun 94 -  06 Feb 96  Barksdale AFB  3  (Initial) 

07 Feb 96 -  01 Jul 96  Barksdale AFB  5  (CRO) 
02 Jul 96 -  01 Jul 97  Whiteman AFB  4  (Annual) 

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

i.  Stmt of Sv:  TMS:  (4) Yrs  (2) Mos  (2) Das 

TAMS:  ( 3 )   Yrs  (10) Mos  (2) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 May 05 

(Change Discharge to Honorable) 

Issue 1:  I feel that the manner in which the process of my discharge was 

given me was in the wrong.  It was explained to me, by my First Sgt., that I was 
to be given an early discharge and it was not explained to me, in any way, in 
what manner it was to be given.  I was not given the opportunity to disagree, 
nor fight, the decision to be discharged General Under Honorable Conditions.  I 
was never told the condition of discharge.  I feel that my rights were violated 
and that I was not given the opportunity to legally stand on a direct decision 
of discharge that was to affect my veteran status for the rest of my life. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 509TH COMMUNICATIONS SQUADRON (ACC) 

WHITEMAN AIR FORCE BASE, MISSOURI 

FROM: 509 CSICC 

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SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for minor disciplinary infractions.  The 
authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my recommendation is approved, 
yourservice may 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: 

a.  On or about 16 Feb 98, you, who knew or should have known of your duties at or near Whiteman Air 
Force Base, Missouri, were derelict in the performance of those duties in that you willfully failed to refiain fiom 
using a United States government computer for personal, non-ofice purposes, by viewing pornographic material 
from the internet, as it was you duty to do, in violation of UCMJ, Article 92.  For this misconduct you received an 
AF Form 3070, dated 18 Mar 98.  (Atch la) 

b.  On or about 12 Nov 97, you failed to go to your appointed place of duty at the time prescribed, to wit: 

you failed to go to your 0830 hours appointment to receive your restricted area badge.  For this misconduct you 
received a Memorandum, dated 13 Nov 97.  (Atch lb) 

c.  On or about 1 1 Nov 97, you failed to go to your appointed place of duty at the time prescribed, to wit: 

you failed to report for duty at 1550 hours to allow for shift turnover and showed up at 1615 hours.  For this 
misconduct you received a Memorandum, dated 13 Nov 97.  (Atch lc and Id) 

d.  On or about 3 Nov 97, you failed to go to your appointed place of duty at the time prescribed, to wit: 

you failed to report for duty at 1550 hours to allow for shift turnoyer and showed up at 1601 hours.  For this 
misconduct you received a Memorandum, dated 13 Nov 97.  (Atch  1 c and 1 d) 

e.  On or about 19 Oct 97, you dishonorably failed to maintain sufficient funds in your checking account 

and bounced a check to the Defense Commissary Agency in the'amount  of $26.48, as evidenced by Dishonored 
Check Memorandum, dated 4 Nov 97.  (Atch 1 e) 

f.  On or about 1 Oct 97, you dishonorably failed to pay your just debt on your government American 

':  ..  Express Card account in the amount of $2473.93.  For your misconduct you received a Letter of Reprimand, dated 9 

Oct 97.  (Atch If) 

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3.  Copies of the documents to be forwarded to the separation authority in support of this recommendation are 
attached.  The commander exercising Special Court-Martial convening authority 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. 

-a- 

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 consul 
may consult civilian counsel a- 

t building 509 on Jo--.fiPYFf  9$ at 
. 

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/ 2 0 0  . You 

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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 reach me by  2 7 t'l'b 7 8 
shown.  I will send them to the separation authority. 

unless you request and receive an extension for good cause 

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  / ,% 
on  Ma r 98  for the examination. 

I 

I 

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 Orderly Room. 

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

Attachments: 
1.  Supporting documents -- for the reason for discharge 

a.  AF Form 3070, dated 18 Mar 98 
b.  Memorandum, dated 13 Nov 97 
c.  Memorandum, dated 13 Nov 97 
d.  Memorandum, dated 19 Mar 98 
e.  Dishonored Check Memorandum, dated 4 Nov 97 
f Letter of Reprimand, dated 9 Oct 97 

. 

2.  Documents containing derogatory information -- which are not listed in the notification memorandum:  None. 
3.  Airman's receipt of notification memorandum, dated  2q flw 98 

.