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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
eee. : Alc | angen
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING
ey
4
4
4
ISSUES INDEX NUMBER 2 HET : ab
A94,02, A94.06, A92.22 A46.00 1 | ORDER “APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
02-11-07 ¥D2002-0184 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

 

REMARKS

* Change Reason and Authority to Secretarial Authority,
+ Change Reenlistment Code

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

SIGNATURE OF RECORD , 7 7 E OF BOARD PRESID. a

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 14535 COMMAND DR, EE WING, 3®°° FLOOR

ANDREWS AFB, MD 20762-7002
AFHQO FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | p2902-0184

 

GENERAL: The applicant appeals to change the reason and authority for the discharge, and by inference
to change his 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.
FINDINGS: The Board grants the requested relief.

The Board finds that neither the evidence of record or that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.

Issue. Applicant received an Honorable discharge for Homosexual Conduct. The records disclosed two
questionable incidents. During the first, applicant was a willing participant; during the second he was
sexually assaulted by another male airman who was subsequently discharged with an Under Other Than
Honorable Conditions discharge in lieu of trial by court martial, for this offense and others. After a
thorough and complete consideration of the information submitted by the applicant and contained in the
records, the Board concluded there was sufficient mitigation and extenuation to substantiate changing the
reason and authority for the discharge, and to change applicant’s reenlistment code. While the Board did
not condone applicant’s homosexual experimentation during the first incident, they specifically found
member’s separation under the circumstances to be too harsh in the absence of other 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.

However, in view of the foregoing findings, the Board further concludes that the reason and authority for
the discharge is more accurately described as Secretarial Authority. The applicant’s reason and authority
for discharge should be changed to Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2002-0184
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

aa (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 94/07/01 UP AFR 39-10,
para 5-35.1 (Homosexual Conduct). Appeals for Change in Reason and Authority for
Disch. ‘

2. BACKGROUND:

a. DOB: 69/07/06. Enlmt Age: 23 0/12. Disch Age: 24 11/12. Educ:HS DIPL.
AFOT: N/A. A-93, E-98, G-94, M-94. PAFSC: 2E731 ~ Telephone Switching
Apprentice. DAS: 93/04/14.

b. Prior Sv: (1) AFRes 92/07/29 - 92/10/19 (2 months 21 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as A1C 92/10/20 for 4 yrs. Svd: 01 Yrs 08 Mo 12 Das, all AMS.

b. Grade Status: none.

c. Time Lost: none.

d. Art 15’s: none.

e. Additional: LOR, 24 MAR 94 - Sodomy.

£. CM: none.

g. Record of SV: none.

(Discharged from RAF Chicksands)

h. Awards & Decs: AFTR, AFOSLTR, NDSM, BMTHGR.

i. Stmt of Sv: TMS: (01) Yrs (11) Mos (03) Das
-TAMS: (01) Yrs (08) Mos (12) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/05/27.
(Change Discharge to Reason and Authority for Discharge)

ISSUES ATTACHED TO BRIEF.
FD2002-0184
ATCH

1. Applicant's Letter to the Discharge Review Board.

02/08/06/ia
THU 10:36 PAX 801 621 7846 CONG. HANSEN ED 2002 -O/8F ooa

eo. —2g3- 400s GWEST DESIGN SERVICE PAGE 61/63

Letter of Explanation

May/27/2002
To Whom It May Concern:

This letter io to explain the circumstances surrounding my Discharge from the
United States Air Force,

At the time of the incident I was stationed at Royal Air Force Chicksands in
Bedfordshire Bngland. 1 was a member of the 450" Intelligence Squadron and my AFSC
was 2E731 Telephone Switching Apprentice.

Being & new Ainnan I was anxious to distinguish myself at my first duty station.
As a result of this I volunteered for additional duties, I got assigned to work at the Base
Post Office after duty hours. J started working there and met a Senior Airman wha
worked at the Post Office full time.

After a short while this individual befriended me. One night he showed up to my
doym room and started telling me about his life, It was at this point when this guy told
re that he was a homoséxual, He also told me that he had the impression that Iwas. [
told bim very forcefo)ly that 1 was not. He started to try and argue the fact and before I
haroned this individual I made him leave my room. I immediately quit working at the
Post Office and broke off all ties with this Airman.

A couple of months went by and I met the woman that would become my wife.
We grew very close and got engaged and picked a date of April second for our wedding.
Everything was going great,

One night a sergeant friend and me decided to go down to our NCO chub on the
base and blow off some stress, The individual that had tried to convince me that I was
homosexual showed up at the club, At this point J had already had way too much to
drink and the above-mentioned Airman approached me and started to try to talk to mc. I
grew extremely angry and decided, with the help of a few friends that I had better leave.
Being in Intelligence squadron if there was any alcoho) related incidents that you would
loose your security clearance and have. a hard time getting it back. Tmade my way back
to my room and evidently passed ont cold,

I was rudely awakened at some tine during the night. I was the bay chief and
there fore had a room to myself, but at this point in time there was quite obviously
someone else in yay room, I felt someone on top of me in bed and I quickly shoved the —
person off. As I started to gain a sense of What was taking place J realjzed that it was the
Ainnan from the Post Office. I immediately opened the door to my xvom and foxtefully
shoved this individual out of room. -
+ 06/06/02 THU 10:36 FAX 801 621 7846 - CONG. HANSEN Fp .2c0z - 3/4 {005
ee SE BESS Ae Be QWEST DESIGN SERVICE PAGE 92/93

The next morning I was still in shock and disbelief and proceeded to go and see

my finance, I wld her everything that bad taken place the night before. She knew the
individual and became outraged at what had happened. She inguired what lintendedto _

do about the incident. Being new to the military and the legal process I replied that I
honestly did not know. She made a suggestion to talk to the First Shirt, I agreed and we
planned to go to him at the end of the next duty day.

When we talked to the First Shirt he advised me that the investigation would be
difficult and probably tum ont unfavorably due to the recently enacted process of “Don’t
Ask, Don’t Tell, Don’t pursue”. No matter what I said the judgement would be
dependant on what the other person Involved said. ‘The First Shirt advised me that bis
hands would be tied but ha would do what be could to help. The Commander of my
section did have a 3-hour “discussion” with the Colonel to no avail. There was another
Captain that stood up for me but this had minimal impact as well.

After all was said aod dons the Airman from the Post Office got a General
Discharge Under Other than Honorable conditions. I received ay Honorable Discharge.
In statements that some people made it did come out that the mentioned Airman had -
actnally pulled the sanic stunt on many othex Squadron members. All of these
individuals bad never said a word being afraid of reprisals from the Squadron
Commander.

Before J was discharged my fiancé and I got mactied and I was allowed to stay in
country. J havé now been manicd for 9 years and we have 2 wonderful boys ages 8 and
7, We have a home in Tooele county Utah and plan to stay here as along as possible, J
am member in good standing of the Church of Jesus Christ of Later Day Saints,

Thave written this letter in order to explain the circumstances surrounding my
discharge. I have the highest hopes that you will ict me join the Utah National Guard in
whatever position you see Git, If you bave any questions or concerns about anything
please contact me to help provide clarification.

Both sides of my family have a long and distinguished history of military service.
To briefly expand on this ons uncle had his band blown off will returning a German band
grenade, another uncle spent timo in a prison camp after capture during battle of the .
bulge, another uncle served in Korea and Vietnam. He served in Korea with the Navy as
 alanding craft driver, and in Vietnam with the Army. My father served a 4-year term in
’ the Air Force. My cousin served in the Marines during Desert Storm, on board a missile
boat.

As long as I can remember all I have ever wanted to do js to serve my Country, I
have always been drawn to anything and everything to do with the military. T have read
“numerous books on the military ranging from first hand accounts of battles, manuals on
tactics, and military analytical manvals. Even after the unfortunate incident in the Air
Force I have still held the military and it’s members in the highest of regards. It is my.
belief that the men and women of the United States Military and National Guard are not
ewrr DEXIGN SERVICE

shown an inclining of the ammount of respect they deserve. No matter what job they have
in the military I fee] they are all unsung heroes. With all of the military books that I bave
read it is clear that anything that happens in the military js a team effort. Every single job
is vital in it’s own way.

I will close by saying that I know have contacted the American Civil liberties
Union, J intend to contact the Judge Advocate General in Maryland, and I am going to
contact my Congressman to belp get this isa xesolved, In short I will do whatever I
need to get the issue corrected. I hayc lived with my Discharge since 1994, I feel that I
have been extremely patient (perhaps too much so) and I have served my time. I also
view the incident as the fault of the individual and that the end result was the best that my
supériora could do, but it is tims to put things right. I hope that you will see fit to allow
me to servo In the Utah Naitjonal Guard. I feel thar it will give me a newfound pride and
bring honor to my family and ancestors.

, Respectfully,

THU, 10:37 FAX, 801, 621, 7846 cone. nansen FD 2002 - O1 64 PAGE

i006
p3a/a3 |
PD 228 2- OSFH

DEPARTMENT OF THE AIR FORCE
United States Air Forces In Europe

10 JUN 1994

MEMORANDUM FOR 774 ABG/CC

FROM: 774 ABG/JA

SUBJECT: Legal Review of i trative Discharge--A1lc