HON PERSONAL APPEARANCE X RECORD REVIEW

 

 

 

 

COUNSFI. | NAME OF COUNSEL AND OR ORGANIZATION _— ~ ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO |
x

 

 

 

VOTE OF THE BOARD

 

MEMBERS SITTING HON GEN VOTH OTHER DENY

 

 

 

 

 

 

mL ME mL KL OK

 

 

 

 

 

ISSUES INDEX NUMBER ~ EXHIBITS SUBMITTED TO THE BOARD

 

AOL.13, A92,37 A65.00 ORDER APPOINTING THE BOARD

 

| APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

 

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

 

03-14-02 FD2002-0337 I

Arey Nolo

COUNSEL'S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARF DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

“REMARKS

Case heard at Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel.

DD Form 149 submitted. The case will be forwarded to the AFBCMR for further processing.

 

 

 

  
 
 

 

SIGNATURE OF RECORD EE

INDORSEMENT

    

DATE: 03-04-03

 

TO: FROM:
SAF/MIBR SECRETARY OF THE AJR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 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.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 9092-0337

GENERAL: The applicant appeals to change the reason and authority for her discharge and to change her
reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this nght.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Change of discharge reason and authority and reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of the discharge.

Issues. Applicant received an honorable discharge for making a homosexual admission. The records
review disclosed member made a statement she was homosexual; subsequent commander-directed inquiry
disclosed she had serious romantic relationships with three other females, one of which occurred while she
was in military service. Member allegedly bought this partner an engagement ring and intended to
consummate the relationship with “marriage.” Additionally, during the enlistment under review, member
had an Article 15 for absenting herself from her place of duty over a 3-day period. While away, member
was staying with her partner. When recommended for administrative discharge, the member waived her
right to a board hearing, or to submit statements in her own behalf. Member now contends her statements
were false, made for the purpose of being discharged from the service so she could go home to be with her
ill mother. The Board notes that applicant had the opportunity to rebut the presumption she would engage
in homosexual conduct at the time of her discharge but elected to remain silent on this point. Furthermore,
she provided no documented evidence of her mother’s illness to substantiate her contentions now, or of
anything sufficient to substantiate her homosexual claims were false. The Board could find no inequity,
impropriety, or sufficiently mitigating or extenuating circumstances that would warrant an upgrade of the
discharge.

The applicant cited her desire to return to military service. While the Board commends applicant on this
desire, and is sympathetic to the impact a General discharge has on her reenlistment code, this is not a
matter of equity or propriety that warrants an upgrade.

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
FD2002-0337

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

i. (Former AB) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 26 MAY 00 UP AFI 36-
3208, para 5.36.2 (Homosexual Admission). Appeals for Change to Separation
Reason, Reentry Code, and Authority for Discharge.

2, BACKGROUND:

a. DOB: 10 FEB 79. Enimt Age: 20 7/12. Disch Age: 21 3/12. Educ: HS DIPbL.
AFOT: N/A. A-95, E-50, G-36, M-26. PAFSC: 25031 - Supply Management
Apprentice. DAS: 16 MAR 00.

b. Prior Sv: (1) AFRes 08 OCT 99 - 20 OCT 99 (13 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 21 OCT 99 for 4 yrs. Svd: 0 Yrs 7 Mos 6 Das, of which AMS is
0 Yrs 7 Mos and 2 Das (Ex: 4 Das lost time)

b. Grade Status: AB - 09 MAY 00 (Article 15, 09 MAY 00)
AMN - Unknown

ec. Time Lost: 29 Apr 00 - 2 May 00 (4 Days)

d. Art 15’s: (1) 09 MAY 00, Fairchild AFB, WA - Article 86. You, did,
on or about 29 Apr 00, without authority, absent
yourself from your organization, and did remain so
absent until on or about 1 May 00. Reduction to the
grade of AB, forfeiture of $150.00 pay per month for 2

months, and 30 days restriction. (No appeal) (No
mitigation)

e, Additional: None.
££. CM: None.

g. Record of SV: None.

(Discharged from Fairchild AFB)
h. Awards & Decs: AFTR

i. Stmt of Sv: TMS: (0) Yrs (7) Mos (15) Das
TAMS: (0} Yrs (7) Mos (2) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 03 AUG 02.
FD2002-0337

(Change Separation Reason, Reentry Code and Authority for Discharge)

Issue 1: My name |: ae, I am 22 years old and I
live at 3343 Union Branch Road; Petersburg, Virginia. JI am writing this letter

to express my concern for my returning to active military duty. I was

discharged from the United States Air Force in May of 1999. Lw ischarged
honorably but the reason was false. My mother, became
very ill with a disease called Anti-Thrombin III. uring this time she was also

pregnant with my 3 year old sister. While my mother was sick with this disease
I entered the Air Force. I successfully completed basic training and Tech
School at Lackland Air Force Base, Texas. When I first arrived at my permanent
duty station in Spokane Washington, I. discovered that my mother's disease
worsened. I made every attempt to leave the military to come home or at least
be stationed at a base closer to home to aid in my mother's sickness. I wrote
letters to the First Sergeant. He further instructed me that he would help me
get home as much as possible. He further instructed me to write a letter to the
headquarters in Texas and that that (sic) would be my best bet in getting home.
I wrote letters, sent information on the disease and memos from doctors. I
received a response later on that my plea had been rejected. I was so desperate
to get home to my mother that I would resort to doing anything. So, I went to
the Sergeant with a false plea. I falsely committed homosexuality to get home.
I felt that was the only way to surely be discharged. In May of 1999 they sent
me home. I've since been here and my mother has gotten better and is now able
to go on with her life without my assistance. I feel terrible for what I have
done and I wish that I had not ended my military career. The military helped to
better me and made my life 100% better. I desperately want to fulfill my career
goals and dreams and I feel that I would be able to do that if I am able to
rejoin the military. I hope you consider everything I have said and return with
positive responses. Thank You.

ATCH
1. DD Form 149.

15 NOV 02/cr
. cy | FD 200 2. ~ O33 vA

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 92ND AIR REFUELING WING (AMC)
FAIRCHILD AFB WA 99011-3517

 

MEMORANDUM FOR 92 ARW/CC

FROM: 92 ARW/JA 86 MAY 2000

SUBJECT: Legal Review of AFI 36-3208, Administrative ion of Airmen
Administrative Discharge

1. I have reviewed the proposed involuntary separation action concerningedggggpier the
respondent, and find it legally sufficient to support involuntary discharge for making a statement
that she is homosexual under AFPD 36-32 and AFI 36-3208, paragraph 5.36.2.

2. Background: On 23 May 2000, the 92 SUPS/CC initiated this separation action against the
respondent for making a statement that she is homosexual. He recommends an honorable
discharge. The respondent acknowledged notification of this action on 23 May 2000.

3. The following misconduct supports this discharge which is warranted by the evidence:

PERE v1.01 a letter dated 3 May 00 stating that she is homosexual. An inquiry
officer was assigned on 9 May 00. The investigation disclosed that she has had at least three

serious romantic relationships with female partners. Two of the relationships were prior to her
enlistment and a current relationship started before she entered basic training. In her testimony,

Mie isclosed that she bought an engagement ring ape, and then

returned it due to problems in their relationship. In a recent trip home, she stayed wit

a received an Article 15 for extending her leave without authorization (AWOL). ,

had pictures gd and Bisexual/Gay/Lesbian Against Discrimination
(BGLAD) stickers displayed in her room. The investigating office ¢found

evidence to support voluntary declaration of —aapagnas homosexuality and recommends
discharge under AFI 36-3208.

4. In addition to the allegations forming the basis for this discharge, the following action has
been taken against AB Ledbetter:

anes 6. on or about 29 Apr 00, without authority, absent herself from her
organization, to wit: 92d Supply Squadron, located at Fairchild Air Force Base, Washington, and

did remain so absent until on or about 1 May 00. For this action, she received an Article 15
dated 9 May 00. The punishment consisted of a reduction to the grade of AB, forfeiture of $150
pay per month for two months, and 30 days restriction to Fairchild Air Force Base, Washington.

5. Evidence favorable tegggggimitajacludes the following:

AMC- Global Reach for America
yy | FD I®O2~ O03 37

a. This 21-year old airman has been on active duty for 7 months. She began her current term
of enlistment on 21 Oct 99. Her military record contains no performance report.

b. The respondent waived her rights to an administrative discharge board and the remainder
of her days to respond and did not submit matters.

6. Discussion: By a preponderance of evidence, a basis for discharge exists for making a
statement that aitlien(: homosexual pursuant to paragraph 5.36.2 of AFI 36-3208. The

prohibition against homosexual conduct is a long-standing element of military law that continues
to be necessary in the unique circumstances of military service. The armed forces must maintain
persomnel policies that exclude persons whose presence in the armed forces would create an
unacceptable risk to the armed forces’ high standards of morale, good order and discipline, and
unit cohesion that are the essence of military capability. Homosexual conduct is grounds for
separation from the military service under the terms set forth in paragraph 5.36.2. Thus, a
statement by a member that they are homosexual creates a rebuttable presumption that they
engage in, attempt to engage in, have a propensity to engage in,.or intend to engage in
homosexual acts. There has been no rebuttal to this presumption. In fact, the facts of the
investigation bolster the presumption. The member is board entitled and may present their case
to an administrative discharge board. The 92 SUPS/CC recommends an honorable discharge. I
concur; aaa: should be discharged from the military with an honorable discharge. Even
though the respondent has a prior Article 15, it alone would not warrant discharge.

7. As the special court-martial convening authority, you may:

a. Accept the unconditional waiver of a board hearing and approve the respondent’s request
with an honorable or general discharge.

b. Reject the waiver and convene a discharge board.

8. Recommendation: Accept the unconditional waiver and approve an honorable discharge.
Oss 23/2086 12:25 6187568385 AFCA PAGE
May 23 00 10:36a C) FOBBD2~ 0.2. re
i a | ~OS 9D

DEPARTMENT OF THE AJR FORCE

MC)
HEADQUARTERS 92D AIR REFUELING WING (A
FAIRCHILD AIR FORCE BASE WASHINGTON

 

MAY 23 2000

 

MEMORANDUM FOR <2
FROM: 92 SUPS/CC:

SUBJECT: Notification Letter--Board Hearing

}. Lam recommending your discharge from the United States Air Force for mating a statement
that you are homosexual. The authority for this action is AFPD 36-32 and AFI 36-3208, under
the provisions of paragraph 5.36.2. Copies of the documents to be forwarded to the separation
authority to support this recommendation are attached.

2. My reasons for this action are:

You wrote a letter dated 3 May 00 stating that you.are a homosexual. An inquiry officer was
assigned on 9 May 00. The investigation disclosed that you have had at least three setrous
romantic relationships with female partners. Two of the relationships were prior to your
enlistment and a current relationship started before you entered basic training. {n your testimony

you disclosed that you bought an engagement ring EE mmm ne it due

to problems in you relationship. [na recent trip home, you stayed wit a d received

an Article 15 for extending your leave without authorization (AWOL). You had pictures of ee
~_po nd Bisexual/Gay/Lesbian Against Discrimination (@GLAD) stickers displayed in your

toom. The investigating officer, 2d Lt Erin House, found evidence to support voluntary
declaration of your homosexuality and recommends discharge under AFI 36-3208.

3. In addition to the allegations forming the basis for this discharge, the following action has
been taken apainst you:

You did, on or about 29 Apr 00, without authority, absent yourself from your orgamzation, to
wit: 92d Supply Squadron, located at Fairchild Air Force Base, Washington, and did remain so
absent until on or about | May 00. For this action, you received an Article 15 dated 9 May 00.
The punishment consisted of a reduction to the grade of AB, forfeiture of $)50 pay per month for
two months, and JO days restriction to Fairchild Air Force Base, Washington.

4. This action could result in your separation with an honorable or general discharge. | am
recommending that you receive an honorable discharge. The commander exercising SPCM
jurisdiction or a higher authonty will make the final decision in this matter. If you are
discharged, you will be ineligible for reenlistment in the Air Force and will probably be denied
enlistment in any component of the armed forces and any special pay, bonus, or education
assistance funds may be subjected to recoupment.

AMC ~Gtohal Keach for America
Ul 23/ 2uuUu 44-443 61602900309 — Hr LA ‘
FALE o4

May 23 00 10:37a o FO2GO2- O37 ped

5. You have the right to:

a. Consult legal counsel.
b. Present your case to an administrative discharge board and present evidence to rebut the

presumption that you engage in, a(tempted to engage in, have the propensity to engage in, or
intend to engage in homosexual acts.

c. Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.

e. Waive the above rights. You must consult legal counsel before making a decision to waive

any of your rights.

6. You have previously been scheduled for a medical examination. Complcte al] follow up
appointments.

7. You have the nght to consult counsel. Military legal counsel has been obtained to assist you.
1 have made an appointment for you to consult 247-2918, at hrs on

_ Instead of the appointed counsel, you may have another, if the lawyer you
request is in the active military service and is reasonably available as determined according to
AFL 51-201. In addition to military counsel, you have the right to employ civilian counsel. The
Au Force does not pay expenses incident to the employment of civilian counsel, Civilian
counsel, if employed, must be readily available.

 

8. Confer with your counsel and reply, in writing, within 7 workdays, [date] 2 uve GO
specifying the right you choose to exercise. The statement must be signed in the presence of
your counsel who also will sign it. [f you waive your nght to a hearing before an administrative
discharge board, you may submit a written statement in your own behalf. [ will send the
statement to the discharge authority with the case file to be considered with this
recommendation. If you fail to respond, your falure will constitute a waiver of the right to the

board hearing.

9, Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AF 36-3208 is available for your use af your unit orderly room.

10. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your nght to be present at the hearing.

11. If you received advanced educational assistance, special pay, or bonuses, and have nol
completed the period of active duty you agreed to serve, you may be subjected to recoupment.
‘ BO, Ee ee ee et ev aeram elem lore,

-
Hay 23 00 10:37a _, , . P-

3 FOC C0 2- 02387

12. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:

Report of Inquiry dated 12 May 00 (19 pages)

Article [5 dated 9 May 00 (3 pages)

MFR. by ie, dated 2 May 00 (1 page)

AF 988, Leave Request/Authorization dated 12 Apr 00 (1 page)
gstcd 2 May 00 (1 page)
map dated 2 May 00 (1 page) .

Byxicd 1 May 00 (2 pages)

  
  
  

MER by SQ dated 1 May 00 (1 page)
Response to Article 15 dated 9 May 00 (1 page)

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