AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 
   
   
  

 

ae

PERSONAL APPEARANCE X RECORD REVIEW

| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

   

 

   
       
 
  
   
   

ISSUES INDEX NUMBER

A94.11, A94.21, A94.05 A67,10
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

6 JUN 03 FD2002-000532

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

  
  
   
   
   

SAF/MIBR
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, 3". FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.

        

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | g1y002-000832

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

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: Upgrade of discharge is 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 was discharged for minor disciplinary infractions and homosexuality. The records
review disclosed member made a statement she was homosexual; subsequent commander-directed inquiry
disclosed she had a serious romantic relationship with another female, with whom she had been living, and
that member’s statements were sincere, although their timing was “suspicious.” Additionally, member had
two Articles 15, a vacation of suspended punishment, five Letters of Counseling, five Letters of Reprimand,
and was placed on the Control Roster. Her misconduct included being late to work at least eleven times,
not making her deferred payment plan payments, unacceptable duty performance, dress and appearance
violations, and insubordination. When recommended for administrative discharge, the member submitted a
conditional waiver of her right to a board hearing in hopes of receiving an honorable discharge. When that
was denied, she submitted an unconditional waiver of her right to a board hearing, and she failed to submit
statements in her own behalf. Her defense counsel further advised member did not desire retention, nor a
personal hearing with the convening authority. Member now contends her discharge was improper because
she infers the command only determined to discharge her less than fully honorably once she revealed her
homosexuality. Applicant however does not deny that the misconduct occurred. The record very clearly
documents applicant’s misconduct, that her attitude toward the Air Force was “entirely negative,” and that
she was “happy,” not embarrassed when she was removed from her unit while pending discharge. The
Board could find no inequity, impropriety, or sufficiently mitigating or extenuating circumstances that
would warrant an upgrade of the discharge. |

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
FD2002-000532
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 28 Oct 98 UP AFI 36-
3208, para 5.49 and 5.36.2.2 (Misconduct - Minor Disciplinary Infractions and
Homosexuality). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 11 Jun 76. Enlmt Age: 19 7/12. Disch Age: 22 4/12. Educ: HS DIPhL.
AFQT: N/A. A-53, E-67, G-78, M-68. PAFSC: 1N431 -—- Signals Intelligence
Analysis Apprentice. DAS: 5 Jan 97.

b. Prior Sv: (1) AFRes 2 Feb 96 - 11 Jun 96 (4 Months 10 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AMN 12 Jun 96 for 4 yrs. Svd: 2 Yrs 4 Mos 17 Das, all-AMS.

b. Grade Status: AB - 15 Jun 98 (Vacation of Article 15, 15 Jun 98)
AMN - 01 Jun 98 (Article 15, 1 Jun 98)
Alc - 12 Apr 97

ec. Time Lost: None.

d. Art 15’s: (1) 30 Jun 98, Lackland AFB, TX - Article 86. You did, on
or about 21 Jun 98, without authority, fail to go at the
time prescribed to your appointed place of duty.
Forfeiture of $100.00. (Appeal/Withdrawn) (No mitigation)

(2) 15 Jun 98, Vacation, Lackland AFB, TX - Article 86. [In
that you did, on or about 2 Jun. 98, without authority,
fail to go at the time prescribed to your appointed
place of duty. Reduction to AB. (No appeal) (No
mitigation)

(3) 1 Jun 98, Lackland AFB, TX - Article 86, You did, on
or about 17 May 98, without authority, fail to go at the
time prescribed to your appointed place of duty.
reduction to AMN, suspended reduction to AB, and 15 days
extra duty. (Appeal/Withdrawn) (No mitigation)

e. Additional: LOC, 01 JUN 98 - Failure to have a driver's license to
operate a vehicle.
LOR, 01 JUN 98 - Insubordination and using profanity to an
NCO.
LOC, 31 MAY 98 - Failure to comply with dress and
appearance standards.
FD2002-00532

LOC, 16 MAY 98 - Disobeying an order from a superior
officer.

LOR, 16 MAY 98 - Failure to report to a scheduled training

appointment.

LOC, 07 MAY 98 ~ Late for ergometry testing and failure to
bring military ID card to the appointment.

LOR, 23 MAR 98 - Late for work and lying to an NCO.

LOR, 23 MAR 98 - Late for work.

Loc, 22 MAR 98 - Late for work.

LOR, 21 MAR 98 - Financial irresponsibility.

MFR, 17 MAR 98 - Unacceptable duty performance.

£. CM: None.

g. Record of SV: 12 Jun 96 - 19 Apr 98 Kelly AFB 3 (Initial)
(Discharged from Kelly AFB)

h, Awards & Decs: AFTR, SAEMR.

1. Stmt of Sv: TMS: (2) Yrs (8) Mos (27) Das
TAMS: (2) Yrs (4) Mos (17) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Dec 02.
‘(Change Discharge to Honorable)

Issue 1: The discharge is improper because the issues reguarding seperation

(sic) occurred only when the applicants (sic) homosexuality was revealed, which
was after all reprocussions of misconduct actions had been served.

ATCH
None.

3 Mar 03/cr
FD 2002 00522

DEPARTMENT OF THE AIR FORCE
AIR INTELLIGENCE AGENCY

 

Za seh IF

MEMORANDUM FOR ¢@@ MM, 93 IS (AIA)

 

* FROM: 93 IS/CC

SUBJECT: Notification Memorandum -- Board Hearing

1. Iam recommending your discharge from the United States Air Force for homosexuality and
minor disciplinary infractions according to AFPD 36-32 and AFI 36-3208, under the provisions
of Chapter 5, Section G, paragraph 5.36.2.2 and Section H, paragraph 5.49. If my
recommendation is approved, your service will be characterized as honorable or general. I am
recommending that your service be characterized as general.

2. My reasons for this action are:

a. On or about 6 March 1998, you made a statement declaring that you were a homosexual.
You further stated you will engage in, or have the propensity to engage in, future homosexual
acts.

b. On 5 June 1998, you received an Article 15 for failing to go to your appointed place of
duty.

c. On15 June 1998, you received a Vacation of a Suspended Nonjudicial Punishment for
failing to go to your appointed place of duty.

d. On 30 June 1998, you received an Article 15 for failing to go to your appointed place of
duty.

3. This action could result in your separation from the Air Force with a service characterization
of honorable or general. I am recommending that you receive a general. The commander
exercising Special Court-Martial (SPCM) jurisdiction or a higher authority will make the final
decision in this matter. If you are discharged, you will be ineligible for reenlistment in the Air
Force, and you will probably be denied enlistment in any component of the armed forces.
4. You have the right to:

a. Consult legal counsel;

b. Present your case to an administrative discharge board;

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

Golden Legacy, Boundless Future...Your Nation’s Air Force
FP 2 002-209 3 2.

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

5. You have been scheduled for medical examination. You must report to the 76" Medical

Squadron, Kelly AFB, TX at ous (time) on_329 Sep © 1998.

6. Military legal counsel, Waa Me. , Area Defense Counsel Office, Bldg 1000,
Lackland AFB, TX extension ~2924, a§ been obtained to assist you. An appointment has been
_ scheduled for you to consult him/her on sre} a8 at OF3O (time). 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 AFI 51-201. In addition to
military counsel, you have the right to employ civilian counsel. The Air Force does not pay
expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be
readily available.

  
    

7. Confer with your counsel and reply, in writing, within seven (7) workdays, specifying the
rights you choose to exercise. The statement must be signed in the presence of your counsel who
also will sign it. If you waive your right to a hearing before an administrative discharge board,
you may submit written statements on your own behalf. I will send the statements to the
discharge authority with the case file to be considered with this recommendation. If you fail to
respond, your failure will constitute a waiver of the right to the board hearing.

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

9. Execute the attached acknowledgement and return it to me immediately.

10. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the Squadron Orderly Room.

 

Commander |

Attachments:
Copy of Report of Investigation
Article 15 dated 5 June 1998

Vacation of Suspended Nonjudicial Punishment dated 15 June 1998
Article 15 dated 30 June 1998

Aitman’s Receipt of Notification Memorandum

Airman’s Statement

AwWaewnyo