AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD2002-0070
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GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge, and to change their reenlistment code.
The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
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FINDINGS: Upgrade of, change of reason and authority for the discharge, and change of reenlistment
code, are denied.
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The Board finds that neither the evidence of record or that provided by the applicant substantiates an
inequity or impropriety that would justify a change of the discharge.
Issues. Applicant received a general discharge for homosexual conduct. Applicant notes this was an
isolated incident in 10 years of otherwise exemplary service and he had no record of any disciplinary
actions or misconduct. The records review disclosed member was arrested by civilian law enforcement in
the men’s restroom of a local park known to be frequented by homosexuals, attempting to engage in a
homosexual act with a civilian man, as witnessed by the police officer. He was charged with lewd and
lascivious conduct. Although member denied this charge, he pled no contest to a lesser civilian charge of
criminal trespass, which the record characterized as “inconsistent with innocence.” When recommended for
administrative discharge, the member exercised his right to a board hearing, which found he did attempt to
commit the homosexual act. Because doing so in a public place is considered an aggravating factor, the
Board also recommended member receive a general characterization of service. Current Department of
Defense policy renders homosexual conduct incompatible with military service and is a basis for
administrative discharge. Furthermore, credible information is based on its source and the surrounding
circumstances, those being based on articulable facts, not conjecture or speculation. When those stated
circumstances are aggravated, less than fully honorable characterization of service is authorized. In this
case, the testimony of the police officer witness to the conduct was apparently deemed credible by the
administrative discharge board. Member was afforded and exercised all of his legal rights, and was still
found to have committed the alleged behavior. While the Board noted member’s otherwise satisfactory
service, they could find no inequity, impropriety, or sufficiently mitigating or extenuating circumstances
that would warrant an upgrade of the discharge.
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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 hll administrative due process.
In view of the foregoing findings the board hrther 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
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FD2002-0070
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former TSGT) (HGH TSGT)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 96/08/05cUP AFI 3 6 - 3 2 0 9 ,
para 3 . 2 0 . 1 (Homosexual Conduct). Appeals for Honorable Discharge, to Change the
Reason and Authority for Discharge, and to Change the RE Code.
2. BACKGROUND:
a. DOB: 66/02/11. Enlmt Age: 20 3 / 1 2 . Disch Age: 3 0 5/12. Educ:HS DIPL.
AFQT: N/A. A-77, E-62, G- 69, M-59. PAFSC: 1C371 - Command and Control
Craftsman. DAS: 9 2 / 0 5 / 0 3 .
b. Prior Sv: (1) AFRes 8 6 / 0 5 / 1 7 - 8 6 / 0 9 / 0 2
( 3 months 17 days) (Inactive).
for 8 months. Extended 9 0 / 0 3 / 1 6 for 1 2 months. Svd: 5 yrs 8 months 0 days, all
AMs.
( 2 ) Enlisted as A1C 8 6 / 0 9 / 0 3 for 4 yrs. Extended 8 8 / 1 1 / 0 7
( 3 ) Enlisted USAFRes as Sgt 9 2 / 0 5 / 0 3 for 3 yrs. Svd: 1 yr 9
months 9 days, of which AMs is 5 months 1 day. Sgt - 8 9 / 0 1 / 0 3 . SSgt - Unknown.
No performance reports available.
3. SERVICE UNDER REVIEW:
a. Reenlisted as SSgt 9 4 / 0 2 / 1 1 for 6 yrs. Svd: 2 Yrs 5 Mo 2 5 Das, of which
AMs is 2 months 3 days.
b. Grade Status: TSgt - 9 5 / 0 5 / 0 1
c. Time Lost: none.
d. Art 15's: none.
e . Additional: 2 1 JUN 95 - Attempted to engage in homosexual act with
another male, in the Chamber of Commerce
restroom in Valparaiso, Florida.
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f. CM: none.
g . Record of SV: No performance reports available.
(Discharged from Robins AFB)
h. Awards & Decs: AFCM W/3 DEVS, AFAM W/2 DEVS, AFOUA W / 3 DEVS, AFGCM,
NDSM, AFOSSTR, AFOSLTR, AFLSAR W / 1 DEV, NCOPMER W / 1 DEV, AFTR.
i. Stmt of Sv: TMS: ( 0 8 ) Yrs ( 0 2 ) Mos (19) Das
TAMS: ( 0 6 ) Yrs ( 0 3 ) MOS (05) Das
FD2002-0070
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/05.
(Change Discharge to Honorable, Change the Reason and Authority for
Discharge, and.Change the RE Code)
Issue 1: My Discharge was inequitable because it was based on one isolated
incident in almost 10 years of service (active and reserve) duty.
t
Issue 2:
I have never given any less than 100% of myself to my country and
I am very proud to be an American and continue to p-rovide my
it's objectives.
services in any which way I can.
.r
Issue 3 : I n e m received any Articles in violation of the UCMJ, demotions
or record of disciplinary actions.
Issue 4: I received medals and accolades from every single assignment and
operation which I participated in.
records and history and your considerations of my charaterization (sic) of
discharge to Honorable (from General - Under Honorable Conditions).
Thank you for your review of my military
ATCH
1. Recommendation for Discharge, 14 Apr 9 6 .
2. Two Character References.
3 . Six Letters of Appreciation.
4. Two Civilian Performance Appraisals.
5. DD Form 214.
6 . Reserve Order A-200, 22 Jul 9 6 .
FINDINGS AND RECOMMENDATIONS WORKSHEET
fully considering all the evidence in the case of
s, in closed session, by secret written ballot, a
voting members concurring, made the following findings and recommendations:
FINDINGS
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A. The board finds by a preponderance of the evidence: (check the appropriate
Park restroom in Valparaiso, Florida.
did, on o
her male
attempt to engage in a
n the Chamber Of Commerce
( ) That none of the allegations are supported by a preponderance of the
evidence;
( ) That
[NOTE: If you find the respondent did notengage, attempt to engage, or solicit
another to engage in (a homosexual act) (homosexual acts), you must go to the
Recommendations section and recommend he be retained. If you find he did
engage, attempt to engage, or solicit another to engage in a homosexual act, you
must make the further findings in Part B below.]
0 065 ulb'l F) m T h%L Fi v.k? p m & &
B.
( ) theBoardf-t:
behavior;
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( ) the act is a departure from the respondent's usual anxcustomary
( )--eke act, under all the circumstances, is unlikely to recur;
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( ) the act was not accomplished by use of force, coercion, or
intimidation;
( ) under the particular circumstances of the case, the respondent's
continued presence in the Air Force is consistent with the interest of the Air Force in
proper discipline, good order, and morale; and
( ) the respondent does not have a propensity or intent to engage in
homosexual acts.
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[NOTE: If you find the Respondent has proved all the above five retention criteria,
you must go to the Recommendations section and recommend that he be retained.
If you find the Respondent has not proved all the above five retention criteria, you
must recommend he be discharged and you should determine the appropriate
characterization of the discharge.]
C.
( ) The Board finds that the Respondent:
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40
(
public view.
(did (did not) attempt to engage in a homosexual act openly in
[NOTE: If you-& not find the above aggravating factor is present in this case, you
may not recommend an Under Other Than Honorable Conditions Discharge. If you
find the aggravating factor is present, you may recommend an Under Other Than
Honorable Conditions Discharge.]
D. As a result of its findings the board has determined tha
not) subject to separation from the United States Air Force Reserve.
(is
RECOMMENDATIONS
Consistent with its findings, the board recommends tha
(check the appropriate block)
hould be:
ined in the United States Air Force Reserve
from the United States Air Force Reserve and issued
Honorable Discharge certificate;
Discharge certificate;
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( ) An Under Other Than Honorable Conditions certificate.
DEPARTMENT OF M E AIR FORCE
AIR FORCE RESERVE
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MEMORANDUM FOR
204 Cottonwood Court
Niceville FL
3 2 5 7 8
FROM: HQ AFRES/DP
1 5 5 2nd St
Robins AFB GA 31098- 1635
r
t
SUBJECT: Ndfication of InitiakiQn- of Separation Action under
AFI 36- 3209
1. By this memorandum, separation action is being initiated
against you for homosexual conduct.
The authority for this
separation action is AFI 3 6 - 3 2 0 9 , Chapter 3 , paragraph 3 . 2 0 . 1 .
Information regarding your entitlement to submit statements about
your case, the lawful usage of such statements and their
disclosure is provided in the attached Privacy Act Statement
(Atch 1). A description of the reasons for this separation
action is set forth in the attached Statement of Reasons (Atch 2 )
along with supporting documents. AFI 36- 3209 is available for
your review at your servicing Military Personnel Flight. The
types of separation authorized are Honorable, General (Under
Honorable Conditions) and Under Other Than Honorable Conditions.
The type of separation recommended in your case is a General
(Under Honorable Conditions) Discharge.
2 . Within 24 hours after you receive this memorandum, you must
complete and return the attached acknowledgment of receipt
(Atch 3 ) of this memorandum and the attachments thereto.
3 . The followkng is-a
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