AIR E'OKCE DISCHAKGE REVIEW  BOARD HEAKlNG RECORD 

UAME OF SERVICE MEMBER (IAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 
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UoliNSEL 

I NAME OF COll[riSEL ANU OH ORGANIZATION 

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RECORDKEVIEW 

MEMBER SITTTNG 

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VOTE OF THE BOARD 

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A95.00 
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INDEX NllMUEH 

A67.10 

X 

X 

--  1 

2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDEK AI'I'OINTING  THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARCiE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COCNSEL'S  KELBASC '1'0 '1'1  1E  I4OAK13 
ADDITIONAL, EXIIIRITS SUI3MI'I"I'F.I) A'I"I'IME  OF 
I'F.RSONAI,  APPEARANCE 

'TAPE KECDKDINCi OF PERSONAL APPEARANCE HE 

IlEAKlNC DATE 

30 Jan 2007 
APPI.ICANT7S ISSIJE AND THF ROAKII'S  I)k,CISIONAI, KA  I  IONAl.  AKt UISC'USStL)  ON'IHE A I I A C H t D  AIR FORCE DISCHAKOE KEVltW BOARD DECISIONAL KA  I  I(.)NAI.k 

FD-2006-00268 

Casc heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance withlwithout counsel, and the right to submit an 
lpplication to the AFBCMR 

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

L - - - r - - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

. ". 

1-<1. 

SAFIMRRR 
550 (' S'I'Rf':I!T WEST, SUITE 40 
ItANDOLPI I  AFR, TX 78 150-4742 

INDORSEMENT 

1  FROM! 

DATE:  2/7/2007 

SECKETARY O F  THE AIR FORCE PERSONNEL COllNClL 
AIR FOKCE DISCHAKGE REVIEW BOAHI) 
1535 COMMAND DK.  EE WING.  JKU FLOOK 
ANDREWS AFU, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will bc uscd 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00268 

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:  IJpgrade 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. 

ISSUES:  Applicant received a General discharge for Misconduct--Minor  Disciplinary Infractions 

l'he applicant would like to receive his benefits from active duty tenure.  He states he has grown and rcalizcd 
what he had taken for granted; he doesn't want his future to suffer for his childish actions.  The Board 
empathizes with applicant and is pleased to see he has grown from his experience.  However, no inequity or 
impropriety in his discharge was suggested or found in the course of the review.  The applicant received a 
Letter of Counseling--for being late for work nine times, averaging 20-45 minutes late; an Article 15 for 
failing to obey a lawful general regulation by wrongfully accessing and displaying obscene materials on a 
government-owned computer; and a Vacation of the Article  15 for failure to go (late for duty, three times). 
The Board concluded that 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 appropriately 
characterize his tern1 of service. 

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 AB)  (HGH  AMN) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Mountain Home AFB, ID on 
3 Dec 99 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Oct 79.  Enlmt Age: 19 0/12.  Disch Age: 20 1/12. Educ: WS DIPL. 

AFQT: N/A.  A-40,  E-49,  G-50,  M-39. PAFSC: 4DO31 - Diet Therapy Apprentice. 
DAS: 22 Jun 99. 

b.  Prior Sv:  (1) AFRes 30 Oct 98 -  13 Jan 99 (2 months 4 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Jan 99 for 4 yrs. Svd: 00 Yrs 10 Mo 21 Das, all AMS. 

b.  Grade Status:  AB -  14 Sep 99 (Vacation of Article 15, 2 Nov 99) 

Amn -  14 Jul 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Nov 99, Vacation, Mountain Home AFB, ID -  Article 86. 
You, did, on or about 4 Oct 99, without authority, fail 
to go at the time prescribed to your appointed place of 
duty, to wit:  Building 6000.  You, did, on or about 18 
Oct 99, without authority, fail to go at the time 
prescribed to your appointed place of duty, to wit: 
Building 6000.  You, did, on or about 20 Oct 99, without 
authority, fail to go at the time prescribed to your 
appointed place of duty, to wit:  Building 6000. 
Reduction to AB.  (No appeal) (No mitigation) 

(2) 22 Sep 99, Mountain Home AFB, ID -  Article 92.  You, 
did, on divers occasions between on or about 3 Sep 99 
and on or about 5 Sep 99, fail to obey a lawful general 
regulation, to wit: AFI 33-129, paragraph 6.1.3 dated 1 
Jan 97, by wrongfully accessing and displaying obscene  , 
materials on a government-owned computer.  Article 107. 
You, did, on 7 Sep 99, with--~fitgy?t--:-~--d-gcg-~ve, 
Your First Seargeantt MSgt I .......................... 
statement, to wit: you accidentally accessed 
pornographic sites on the internet and you were unable 
to exit them, or words to that effect, which statement 
was totally false, and was then known by you to be so 
false.  Article 107.  You, did, with intent to deceive, 

'  an official 
: I  

make to 

Lt Col 

; an official 

..................... 

make to your Commander, 
statement, to wit: you accidentally accessed 
pornographic sites on the internet-and you were unable 
to exit them, or words to that effect, which statement 
was totally false, and was then known by you to be so 
false.  Suspended reduction to AB.  Thirty days extra 
duty and a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOCI  13 SEP 99 -  Late for work on several occasions. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (01) Yrs  (02) Mos  (04) Das 
TAMS: (00) Yrs  (10) Mos  (21) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 J u ~  06. 

(Change Discharge to Honorable) 

Issue 1:  To recieve (sic) all benefits from my active duty time.  I have 

grown and realized what I had taken for granted during my active duty service in 
1999.  I don't want my future to suffer because of my childish actions in the 
past.  Please forgive me.  Thank you. 

ATCH 
1. Copy of Social Security Card. 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 9- 

WING (ACC) 

MOUNTAIN HOME AIR FORCE BASEl IDAHO 

I 

NOV  1 8   I939 

MEMORANDUM FOR AB 1..  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 

366 MDSS 

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

FROM:  366 MDSSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority forthis action is AFPD  36-32 and AFI  36-3208, paragraph 5.49.  If 
my  recommendation is  approved, your  service can be  characterized  as  honorable,  general, or 
I  am  recommending  your  service  be 
under  other  than  honorable  conditions  (UOTHC). 
characterized as general. 

2.  My reasons for this action are: 

a.  Between on or about 4 Oct 99 and 20 Oct 99, you failed to go, at the time prescribed, to 
your appointed place of duty on three occasions.  As a result, the suspended reduction in grade, 
imposed upon you under Article 15, UCMJ on 22 Sep 99, was vacated on 8 Nov 99.  (Atch 1). 

b.  Between on or about 3 Sep 99 and 5 Sep 99, you failed to obey a lawful general regulation, 
to wit:  AFI 33-129, by wronghlly accessing and displaying obscene materials on a government 
computer;  Additionally, on or about 7 Sep 99, you made false official statements to your first 
sergeant and commander to wit:  you accidentally accessed pornographic sites on the internet and 
were unable to exit them, or words to that effect.  As a result, you received an Article 15, UCMJ, 
on 22 Sep 99.  (Atch 2). 

c.  On divers occasions between on or about  29 Jun 99 through 13 Sep 99, you failed to go, at 
the  time prescribed,  to  your  appointed place  of  duty.  As  a  result,  you  received  a  Letter  of 
Counseling (LOC) on 13 Sep 99.  (Atch 3). 

3.  Copies  of  the  documents to  be  forwarded  to  the  separation  authority  in  support  of  this 
recommendation  are  attached.  The  commander  exercising  SPCM  jurisdiction  will  decide 
whether you will be discharged or retained in the Air Force.  If you are discharged, he will also 
determine how  your  service  will  be  characterized.  If  discharged,  you  will  be  ineligible  for 
reenlistment in the Air Force, and any special pay, bonus, or education assistance funds may be 
subject to recouprnent. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I  made  an  appointment  for  you 
the  Area  Defense  Counsel  on 
hours  in  building  512.  The  number is  828-2675.  You may  consult 

to  consult  with 

Nav  99  at 

civi11a.n counsel at your own expense. 

[I 0 0  

5.  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  workdays  of  the  date  of  this 
memorandum unless you request and receive an extension for good cause shown.  I will forward 
them to the separation authority. 

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  the  Physical 
Examination  Section  at  the  hospital  on  Mountain  Home  AFB.  Your  scheduled  medical 
You must be in uniform.  If you wear glasses, 
examination is on 
wear them to the scheduled examination.  103 0 

Nov 99 at  -ours. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208 is available at the Area Defense Counsel's office or your squadron orderly 
room. 

9.  You will surrender your ID card to me immediately.  Proceed with  this  letter  to the Military 
Personnel Flight, Customer Service, Building 512, Mountain Home AFB no later than  I B w v  9 9  
where you will be issued a temporary ID card valid for 90 days.  If the discharge action is still 
pending at the end of 90 days, another temporary ID card will be issued to you until the case is 
finalized. 

10.  This letter also  authorizes you  to  proceed  to  the Security Forces, Pass  and Registration 
Section, Building 7001,  Visitor  Control Center, no  later than  f ? NOV  ? 7  where you  will 
turn in your Mountain Home AFB vehicle sticker and your USAF vehicle decal.  They will issue 
a temporary permit good fox  90 days.  If the discharge action is still pending at the end of 90 
days, another temporary vehicle decal will be issued to you until the case is finalized. 

11.  Finally, proceed with this letter to the Trffic Management Office (TMO), in Building 512, 
immediately after receiving your separation orders from the Separations Section at the MPF for 
arranging shipment of your household goods. 

L - - - - - - - - - - - - - - - - - - - - - - r - - - - - - - - r - - F - - - - - - - - - - - - - - - - - - - - - - .  

Commander, 366th Medical Support Squadron 

3 Attachments: 
1. Vacation Action, dtd 8 Nov 99 
2.  Article 15, dtd 22 Sep 99 
3. LOC, dtdl3 Sep 99