NAME OF SERV1C:E  MEMBER (LAST, FIRST MIDDLE INITIAL) 
....................... 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF COUNSEL AND OR ORCANlZATlON 

MEMBER SITTlNG 

I 

HON 

I 

GEN 

I  UOTHC 

I  o l ' l i e ~   I  DENY 

I 

.------------------------------------ 

I\DEX  NLlMBEK 

ISSUES 

A92.21 

A67.50 

1  ORDER APPOlNTlNG THE BOARD 
2 
APPLICATION FOR REVlEW OF DlSCHARGE 
3  1 
JETTER OF NOTlFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE ?'O *fl-Il!  BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE KCCORDING OF PERSONAL APPEARANCE 

1 

HEARING DATE 
01 Aug 2006 

CASE NUMURK 

Case heard at Washington, D.C. 

The applicant was scheduled for a personal appearance before the Discharge Review Board at Andrews AFB, MD on 
August 1,2006, but after acknowledging intent to appear, failed to do so without requesting a postponement. The case was 
considered via records review. 

Advise applicant of the decision of  the Board, 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 

SAFIMRRR 
550 C STREET WEST, SUlTF 40 
RANDOLPI-i AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

1 
1 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIIARGE REVIEW BOARD 
1535 COM.MAKD D R  EE WING. 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Prcvious cdilion will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-20(,6-00024 

GENERAL:  The applicant appeals  for upgrade  of discharge to honorable  and  to  change the  reenlistment 
code. 

The applicant was scheduled for a personal appearance before the Discharge Review Board at Andrews 
AFB, MD on August  1, 2006, but after acknowledging intent to appear, failed to do so without requesting a 
postponement.  The case was considered via records review. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge and changc of reenlistment code are 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. 

ISSCTE:  Applicant  contends  discharge  was  inequitable  because  some  of  his  misconduct  was  due  to  his 
youthfulness, and cites his post service accomplishments. 

The records indicated the applicant received an Article  15, four Letters of Reprimand, and two Records of 
Individual Counseling for misconduct.  The Board concluded the misconduct was a significant departure 
from conduct expected of all military members.  The DRB recognized the applicant was 21 years of age 
when the discharge took place.  However, there is no evidence he was immature or did not know right from 
wrong.  The Board opined the applicant was older than the vast majority of first-term members who properly 
adhere to the Air Force's standards of conduct.  The DRB was pleased to see that the applicant was doing 
well and has a good job.  However, no inequity or impropricty in his discharge was suggested or found in the 
course of the hearing.  The DRB concluded that the characterization of the applicant's discharge was 
appropriate due to the misconduct. 

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 

h 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVXEW BOARD 

ANDREWS AFB, M D  

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Moody AFB, GA on 12 Apr 
00 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: 01 Aug 78.  Enlmt Age: 19 5/12.  Disch Age: 21 8/12. Educ: HS DLPL. 

AFQT: N/A.  A-30,  E-42,  G-55,  M-62. PAFSC: 2W031 -  Munitions Systems 
Apprentice. DAS: 2 Jul 98. 

b.  Prior Sv: (1) AFRes 13 Jan 98 -  24 Feb 98 (1 month 12 days) (Inactive). 

3 .   SERVICE UNDER REVXEW: 

a.  Enlisted as AB 25 Feb 98 for 4 yrs. Svd: 02 Yrs 01 Mo 18 Das, all AMS. 

Grade Status:  A m  -  24 Sep 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 25 Jun 99, Moody AFB, GA -  Article 92.  You did, at 

Ahmed A1 Jaber Air Base, Kuwait, between on or about 16 
Jun 99 and on or about 18 Jun 99, violate a lawful 
general regulation, to wit: Paragraph 6.1.3, AFI 33-129, 
dated 1 Jan 97, by wrongfully storing and processing 
pornographic and sexually explicit material on a US 
Government provided computer.  You did, at Ahmed A1 
Jaber Air Base, Kuwait, between on or about 16 Jun 99 
and on or about 18 Jun 99, disobey a lawful general 
order, to wit: General Order Number I, Joint Task Force 
Southwest Asia, US Central Air Forces  (Forward), dated 
29 Jan 97, by wrongfully possessing and displaying 
pornographic and sexually explicit material on a US 
Government provided computer, in the US Central Air 
Forces Area of Responsibility.  Suspended reduction to 
AB.  Forfeiture of $150.00 pay per month for one month. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 22 MAR  00 -  Dereliction of duty. 

RIC, 29 OCT 99 -  Failure to comply with AFOSH Standards. 
LOR,  01 OCT 99 -  Failed room inspection. 
LOR, 26 J U L   99 -  Financial Irresponsibility. 
RIC, 17 JUN 99 -  Dereliction of duty. 
LOR, 31 SUL 99 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 25 Feb 98 -  24 Oct 99  Moody AFB  3  (1nitial)REF 
h.  Awards &  Decs :  AFTR, AFOUA, AFEM (KUWAIT) . 

i.  Stmt of Sv:  TMS: (02) Yrs (03) Mos  (00) Das 
TAMS: (02) Y r s   (01) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 12 Jan 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3, Notification Memorandum. 

To: Air Force Review Board 

- - - - - - - - - - - - - - - - - - - ,  

From: : 

L...............-.-: 

RE: M y  request for a discharge change. 

Hello sir/madm I am writing this letter as proof of why I deserve a change in my 
discharge.  While I was in the United States Air Force I made many mistakes, which led 
to my separation from the Air Force.  I was young and didn't think m y  actions through. 
This is not an e x m e  but an explanation of why what happened to me happened.  The two 
major incidents in my file are my receiving adult material on a government computer 
while on TDY in Kuwait and my failure to report fellow Airmen who were using illegal 
narcotics.  These incidents were both serious and coupled with my other minor 
infractions led to my separation. 

The fist incident in Kuwait was pure and simple stupidity and with just no regard 
for regulation.  There is no reason or purpose it was simply a 20-year-old kid being stupid 
and not thinking. 

The second incident involving m y  fellow Airmen and narcotics is a different 

t h e  again but X  was guilty of 

. story.  I never used narcotics andthat was proven time 
having knowledge of those Airmen's actions and doing anything about it.  These were 
my friends and I didn't want to turn on them. While all tbis was going on I thought hey 
I'm not doing drugs I have nothing to worry about  I know now how wrong I was and 
have known since my separation.  I didn't realize the true impact of what they were doing 
until I talked to an investigator.  I would like to ad that when I was questioned about all 
of what happened I was tatally cooperative with the investigation and also helped with 
M e r  investigatioa 

After my discharge 1 made it my mission to not make the same mistake's  I had 
made in my past.  The only way to do this and to prove that I deserved a change in my 
discharge was to serve my country in another way, at that is what I have been doing since 
1 have been separated fiom the Air Force.  I waited this long to contact the board about 
my discharge to prove to the board that my mistakes were not going to continue. 

I was discharged on 200004 12 and on 2000070 1 the Geauga County Sheriffs 

Office  an emergqncy dispatchher hired me,  . W e  wor_bg. a full.schedule at .the 
sheriffs office I also put myself through the Cleveland Heights Police Academy.  After I 
completed the Academy I was offered a job by the Cleveland Heights Police Department. 
On 20010701 I was sworn in as a Basic Patrol Officer by the City of Cleveland Heights. 

.  - .-.  . 

I continued to work for Cleveland Heights for the next faur and a half years.  1 left 

the Cleveland Heights Police Department on 2005 10 1 5.  On my departure date I was 
awarded a Government Senice Medal fiom Chief i 
department.  My intentions when I left were to come back to the military and serve my 
country the way I should have the fwst time.  As the war in Iraq continued I had a hard 
time sitting ideally by while my beloved country was at war and I was powerless to do 
anything about i t  

ifor my service to the 

, -. -. -. 
------- 

As of today 200601 12 I have been unsuccessful in joining the United States 

-  Military due to the discharge I received.  1 want the chance to serve my country irrthis 
time of war.  I know with all the changes in my life I will serve honorably this time.  I ask 
the board to change my discharge so I may again serve my country, and do it right this 
time.  The mistakes of my past are in no way a judge of my character today.  I hope that 
to you I have proven 1 d e s e ~ e  a change in my discharge. 

I thank you for taking the time to review this package I have sent you 

WARTMUIT OF THE AIR  WRCE 

29 March 2000 

FROM:  347 EMSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a pattern of misconduct 
(conduct prejudicial to good order and discipline).  The authority for this action is AFI 36-3208, 
paragraph 5.50.2.  If my recommendation for discharge is approved, your service will be 
characterized as honorable or under honorable conditions (general).  I am recommending that your 
service be characterized as under hoporable conditions (general). 

2,  My reasons for this action are as follows: 

a.  On or about 3 1 Jul98, without authority, you failed to go at the time prescribed to your 
appointed place of duty.  For this incident, you received a Letter of Reprimand (LOR), dated 
3 1 Jul98 (Atch 1 a). 

b.  On or about 16 J w  99, you ware derelict in the performance of your duties by failing to 
ensure your crew-book was kept pr~perly updated.  For this offense, you received a Letter of 
Counseling (LOC), dated 17 Jun 99-(Atch 1 b). 

c.  On or about 25 Jun 99, you received nonjudicial punishment pursuant to Article 15, UCMJ. 

Punishment included reduction to the grade of airman basic (suspended) and forfeiture of $1 SO pay 
per month for one month.  The specific violations of the articles of the UCMJ are as follows: 

i.  You, did, at Ahmed A1 Jaber Air Base, Kuwait, between on or about 16 Jun 99, 
and on or about 18 Jun 99, violate a lawful general regulation, to wit: Paragraph 
6.1.3,  Air Force Instruction 33-129, dated 1 Jan 97, by wrongfully storing and 
processing pornographic and sexually explicit material on a United States 
Government-provided computer. 

ii.  Y m  did, at qhmed Al Jaber Air Base, Kuwait, between on or about 16 Jun 99, 
and on or about 18 Jun 99, disobey a lawfbl general order, to wit: General Order 
Number  1, Joint Task Force Southwest-Asia, United States Central Air Force 
(Forward), dated 29 Jan 97, by wrongfully possessing and displaying pornographic 
and sexually explicit material on a United State Government-provided computer, in 
the United States Central Air Force Area of Responsibility. 

d.  On or about 28 Apr 99, you f&d 

to pay your debt to the AAFES Deferred Payment Program 

of $86.00.  For this action, you redeived an LOR dated 26 Jul99 fAtch d). 

gtpGal' PowEt fot  4 m x i a  

e, On or about 30 Sep 99, you violated a lawful order at MAFB, by failing to maintain minimum 
standards of cleanliness in your dorm room.  For this incident, you received an LOR dated 1 Oct 99, 
which was placed in an Unfavorable Information File (Atch le). 

f.  On or about 26 Oct 99 and on or about 28 Oct 99, you were derelict in the performance of your 

duties by failing to wear eye protection during the course of you duties.  For these offenses, you 
received an LOC, dated 29 Oct 99 (Atch  If). 

g.  Between on or about 1 Dec 99 and lMar 00, you were derelict in the performance of your 

duties, to wit:  Yau had direct knowledge of personnel possessing, using and distributing 
contraband substances in and around your dormitory room in building 7257, and you failed to report 
this information to your supervisors or appropriate law enforcement agencies.  For these offenses, 
you received an LOR, dated 22 Mar 00 (Atch lg). 

Copies of the documents to be forwarded to the separation authoriiy in support of this 
recommendation are attached.  The commander exercising Special Court-Martial (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 
may be ineligible for reenlistment in the Air Force. 

3,  You have the right to consult counsel.  Military legalc~~gwl-has been obtained to assist you.  I 
have made an appointment for you to consult with Capt  ...- .... - :at DSN 4454993, on 30 Mar 00. 
Please take your copy of this Notification Memorandum and the attachments with you.  You may 
consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after receipt of this 
notification letter, unless you request and receive an extension for good cause shown.  If your 
appointment with defense counsel is beyond three duty days after receipt of this letter, you 
should contact the Area Defense Counsel office at extension 7-3421 to obtain a delay request. 
I will send any statement(s) you submit to the separation authority. 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the Moody Air Force 
Base Hospital, Physical Exams Section, Bldg 3296 at 1300 on 30 Mar UO.  This is a mandatory 
appointment. Be sure to bring your medical records to this appointment. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement.  A 
copy of AFI 36-3208 is available for your use in the orderly room. 

8.  Execute the attached acknowledgment and return it to me 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

a.  LOR, 3 1 Jul98 (wlatch) 
b.  LOC, 17 Jun 99 
c.  AF Form 3070,25 Jun 99 
d.  LOR, 26 Jul99 (wlatch) 
e.  LOR\UIF, 1 Oct 99 (wlatch) 
f,  LOC, 29 Oct 99 
g.  LOR, 22 Mar 00 (wlatch) 

2.  Receipt of Notification Memorandum