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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAM&OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE UOTH	. ·  1	PERSONAL    APPEARANCE	x	I	RECORD   REVIEW
COUNSEL	NAME OF' COUNSEL AND OR ORGANl.tA TION		ADDJU:SS AND OR ORGANIZA TJON OF COUNSEL YES	No		'
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OTHER	DENY

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ISSUES	A94.05	INDEX NUMB£R

A67.30

EXJllBITS Sl)B_MlTTED 1";T"1E BOARD •
I ORDER APPOINTING THE BOARD
2	APPLlCA TJON FOR REVIEW OF DISCHARGE
3	LEJf ER OF NOTIF!CAT!ON
4	BRIEF OF PERSONNEL FILE	 	 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMJTTED AT TIME Of	I
PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

05 Oct 2004	FD-2004-00240
AJ>PlJCANl?S.1$SU!l Af,IDT!ffi B,°AllD'_S.DEqSJONAL RAfl?NAf, Alt.I! DISCUS$EP ?.NH-IE ATTACHED AlR FORCE DISCHARGE REVIEW BOAIU) DECISIONAL RATIONAL

I Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR

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'INDORSEMENl1	DATE:  10/6/2004
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SAF/MRBR

SECIU:TARY Of'THE AIR FORCE PERSONNEL CO!iNCIL
AIR FORCE DISCHARGE REVIEW UOARD

550 C STREET WEST, SUITE 40

J 535 COMMAND DR. [[WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742	ANDRJ:WS  AFB, MD  10761-7002
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AFHQ  FORM 0-2077, JAN  00	(EF-V2)	Previous edition will be used

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00240	

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for knowingly attempting to receive material containing child pornography on his personal computer. Applicant states that he did not actively seek out images of child pornography, but had responded to pop-up banners when he viewed regular pornographic sites. When he searched for pornographic sites, he conducted searches using the words "porn'', "girls'', and "sex". He indicated that he had no desire to search for pornography since his computer was seized and he was in "an unhealthy frame of mind" when he first told the OSI he viewed child pornography. This issue is without merit. A review of the applicant's hard drive identified fourteen images which appeared to be child pornography. 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.

Attachment: Examiner's Brief