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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MlDDLE INITIAL)
GRADE
AFSNISSAN
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TYPE
Honorable 1 X PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORCANIMIION
; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A1C
RECORD REVIEW
ADDRESS Iwn OR ORGANIZATION OF COUNSEL
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COUNSEL
NO
YES
X
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C-....-.-......-.-.-----------m
MEMBERS SITTING
VOTE OF THE BOARD
'?
HON
/ GEN
UOTHC
OTHER
I DENY
ISSUES
A01.17, A01.31, A01.39,
A01.49, A94.21
INDEX NUMBER
A46.03
HEAIUNG DATE
012303
CASE NUMBER
FD2002-0332
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3
4
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m ~ m m sttBhltm~w TQ TI$$ M A R ~ 3
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ORDER APPOINTING THE BOARD
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APPLICATION FOR REVIEW OF DJSCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSOI'WEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPFARANCE
A p p L I c m r s ISSUE AND THE B O A R W ~ ~ B C ~ ~ T O N A L
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I Case heard at Washington, D.C.
* Change narrative reason for discharge to "Personality Disorder"
REMARKS
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RATIONAL ARB WS~USSED ON THE A~TACHED AIR MRCE DISCWROE REVIEW m e DECISION& WITONALE.
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/ TAPE RECORl3ING OF PERSONAL APPERANCE IIEARING
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** Change narrative reason for discharge to "Secretarial Authority"
Advise the applicant of the decision of the Board and the right to submit an application to the AFBCMR
SAFN JBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78 1504742
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVlEW BOARD
1535 COMMAND DR, EE WING, 3" FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used.
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD200t0322
GENERAL: The applicant appeals for a change to the narrative reason for his separation. The applicant
appeared and testified before the Board, with counsel, at Andrews AFB, MD, on January 23,2003.
The applicant submitted a three-page personal statement, a copy of AF Form - - - - - - - - - - - -
a copy of a January 17, 2002 mental health evaluation of the applicant by Drj - - - - - - - - - - - - 1 Progress Notes
dated October 17,2002 and December 3,2002 concerning the applicant by Dr; - - - - - - _ - - - - - - - - :,
health report signed by Dr l- - - - - - _ - - - - - - - : ; and Dr 1 ----------.
were assembled together and entered into evidence as Exhibit #6.
1 186 dated October 29, 1998,
, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
;dated December 18,2002. All of these items
, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I - - - - - - - - - - - '
I and a mental
The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.
FINDINGS: The applicant's request to change the narrative reason for his separation is denied. The board
finds neither the evidence of record nor that provided by the applicant substantiates an inequity or
impropriety which would justify the requested change. The applicant raised the following issues for the
board's consideration:
Issue #1: The applicant claims his Area Defense Counsel (ADC) did not properly advise him concerning
the conditional waiver of his discharge board and the type of characterization he would receive. The DRB
noted the waiver the applicant signed provided that, if approved, he would receive no less than an honorable
discharge. The governing instruction requires members who submit a conditional waiver to specify the
service characterization they will accept (AFI 36-3208, para 6.25). The ADC properly advised the
applicant to request the best possiblc service characterization (viz. honorable). This issue is without merit.
Issue #2: The applicant claims his First Sergeant and Chaplain failed to exercise their proper roles by
investigating the homosexual statements he made, reading him his Article 3 1 rights, and failing to seek
medical assistance for him. The DRB noted the applicant requested a meeting with his First Sergeant and
Chaplain for the purpose of telling them of his homosexual or bisexual orientation. He told the First
Sergeant that he had contemplated suicide because of the conflict he felt over his homosexual feelings.
Shortly after the applicant made his admissions, the First Sergeant read the respondent his Article 3 1 rights.
The applicant placed his initials next to statements on the AF Form 1168 indicating he did not want a
lawyer and agreed to make a statement that could be used in a later administrative proceeding. The DRB
considered whether the First Sergeant should have referred the applicant to mental health or another service
provider after he mentioned the possibility of suicide. The DRB noted that the applicant stated the source
of his suicidal ideation was the conflict he felt between his claimed homosexual or bisexual lifestyle and his
service in the Air Force. However, since his commander did not believe there were any medical issues
which would impact his pending separation and the fact a chaplain was present at the time the applicant
made his admissions, the DRB did not believe there was an inequity or impropriety in not sending the
applicant to a mental health provider. At the DRB, the applicant admitted he intended and expected his
statements would be used to effect his separation &om the Air Force. Because the applicant intended for his
conversation with the First Sergeant and Chaplain to be communicated to others, the DRB did not find a
violation of any privilege of confidentiality. For these reasons, the DRB found this issue to be without
merit.
Issue #3: The applicant claims his statements to his First Sergeant and the Chaplain did not definitively
declare his intention to engage in homosexual conduct. The DRB reviewed the statements and noted the
applicant told his First Sergeant that the Air Force was preventing him from pursuing things he needed to be
AF | DRB | CY2011 | FD-2011-00004
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY *CHANGE RE CODE SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2011-00004 GENERAL: The applicant appeals to change the reason and authority for the discharge and to change...
AF | DRB | CY2002 | FD2002-0272
At the time of the discharge, member waived his right to have his case heard by an administrative discharge board, or submit additional statements in his own behalf. waiver of his right to a board hearing and direct that the respondent be separated with an honorable discharge in accordance with AFI 36-3208, paragraph 5.36.2.2 (homosexual conduct). In addition to military counsel, you have the right to employ civilian counsel.
AF | BCMR | CY2010 | BC-2010-03328
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03328 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 8 Feb 03, the discharge authority approved the separation and on 13 Feb 03, the applicant received an uncharacterized entry- level separation, by reason of homosexual conduct. _________________________________________________________________ THE...
AF | DRB | CY2003 | FD2002-0051
However the Board found it inappropriate to characterize the applicant's Reason for discharge as a Personality Disorder, when in fact, his diagnosis is Adjustment Disorder. Attachment: Examiner's Brief DEPARTMKNT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former 2LT) (HGH 2LT) 1. He was assigned t6 Nellis AFB, NV on or about 12 Oct 99.
AF | DRB | CY2006 | FD2006-00059
Attachment: Examiner's Brief DEPARTMENT OF THE A I R FORCE A I R FORCE DISCHARGE REVIEW BOARD ANDREWS A F B , MD (Former SSGT) (HGH SSGT) I n c o m p l e t e R e c o r d s & N o Disch Pkg 1. A2C (E3) - 01 Sep 58 c. Time Lost: 23 Feb 68 - 21 Jul 88 (20 years 4 months 29 days). Issue 1: On January 30, 2006, I submitted an application to re-open my clain (sic) for serivce connected disability, which was denied previously due to my discharge was other than honorable conditions.
AF | DRB | CY2007 | FD2006-00284
The records also indicated the applicant received an Article 15, a Vacation, a Letter of Counseling and two Records of Individual Counseling for misconduct. %APPLICANT DATA (The person whose discharge is to be reviewed). DATE OF DISCHARGE OR SEPARATION 1 4.
AF | DRB | CY2003 | FD2002-0350
ISSUES INDEX NUMBER a EXHIBITS SUBNE p Coe a A94,05/06 A42,00 1 ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE 8 MAY 2003 FD2002-0350 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0350 GENERAL: The applicant appeals for upgrade a change in reason and authority for discharge...
AF | DRB | CY2013 | FD-2013-00304_13
GENERAL: Theapplicantappealsforchangeofreasonandauthorityforthedischarge,andchangeof reenlistmenteligibility(RE)code. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2010-00394
The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the available service record. The Board found the no impropriety to warrant upgrade of the discharge and opined the characterization of the discharge received by the applicant was found to be appropriate. Issue #3 - Applicant contends her discharge was inequitable because the other individual was discharged under the force shaping program...
AF | DRB | CY2005 | FD2005-00108
The records indicated the applicant received an honorable discharge with the narrative reasoning of homosexual admission. Additionally, member consulted counsel on March 15, 2002, and submitted a conditional waiver of his rights to a board hearing contingent upon receiving a discharge characterization no less than an honorable discharge. In addition to military counsel, you have the right to employ civilian counsel.