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; 

-c 

(  ) 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