TYPE

PERSONAL APPEARANCE

“| NAME OF COUNSEL AND OR ORGANIZATION

 

MEMBERS SITTING

-
ISSUES INDEX NUMBER
A94.05 A59.00
HEARING DATE CASE NUMBER
24 JUN 03 FD2003-0125

REMARKS

Case heard at Washington, D.C.

 

 

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

  

    

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

tl

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE AFSN/SSAN

SRA Re:

X RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

ay roe SUBMITIED 16 THE BOARD
a ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

2
3 | LETTER OF NOTIFICATION
4

 

 

 
 
  

   

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

 

 

(EF-V2)

ED AIR FORCE DISCHARGE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
VIEW BOARD, DECISIONAL: RATIONALE..."

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

DATE: 24 JUN 03.

 

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.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0125

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

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

ISSUE: Applicant states his discharge was inequitable because it was based on one isolated incident in 88
months of service. The record indicates the applicant received an Article 15 for homosexual conduct via
unwanted sexual advances against another military member. The Board concluded the applicant’s
misconduct was a significant departure from conduct expected of all military members. The
characterization of the discharge received by the applicant was found to be appropriate. The Board found
no evidence of any inequity or impropriety on which to base a decision to upgrade 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
FD2003-00125
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

an (Former SRA) (HGH SRA)
‘neaeainane

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 28 Apr 98 UP AFI 36-
3208, para 5.36 (Homosexual Conduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 8 Nov 69. Enlmt Age: 20 5/12. Disch Age: 28 5/12. Educ: HS DIPL.
AFOT: N/A. A-48, E-~44, G-46, M-66. PAFSC: T2T251 - Air Transportation
Journeyman. DAS: 9 Feb 97.

b. Prior Sv: (1) AFRes 11 Apr 90 ~ 22 May 90 (1 Month 12 Days) (Inactive).

(2) Enld as AB 23 May 90 for 4 yrs. Svd: 3 Yrs 0 Mos 1 Das,
all AMS. AMN ~- Unknown. A1C - 23 Sep 91. SrA - 23 May 93. EPRs: 4,5,

3. SERVICE UNDER REVIEW:
a. Reenld as SRA 24 May 93 for 6 yrs. Svd: 4 Yrs 11 Mos 5 Das, all AMS.
b. Grade Status: None.

c. Time Lost: None.

d. Art 15’s: (1) 5 Nov 97, Osan AB, Korea - Article 134. You did, on or
about 4 Jul 97, wrongfully commit an indecent act upon

SRA Wa: entering his room and rubbing his
peni and. Suspended reduction to AIC,

suspended forfeiture of $250.00 pay per month for 2
months, restriction for 30 days, and 15 days extra duty.
(Appeal/Denied) (No mitigation)

e. Additional: None.

£. CM: None.

g. Record of SV: 22 Aug 92 ~ 21 Aug 93 Pope AFB 5 = (Annual)
22 Aug 93 - 28 Feb 94 Pope AFB 5 _ (CRO)
O01 Mar 94 - 28 Feb 95 Pope AFB 5 (Annual)
O01 Mar 95 - 28 Feb 96 Pope AFB 5 = (Annual)
29 Feb 96 - 29 Dec 96 Pope AFB 5 (Annual)

(Discharged from Pope AFB)

h. Awards & Decs: AFAM, AFCM, AFLSA, AFTR, AFOLTR, NDSM, SAEMR, NCOPMER,
AFOQUA, AFGCM W/1 DEV, AFOSTR.
FD2003-00125

1. Stmt of Sv: TMS: (8) Yrs (0) Mos (18) Das
TAMS: (7) Yrs (11) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 17 Mar 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF

ATCH
1. Applicant's Issues.

16 May 03/cr
FLPZ0037 ~OO1S

DEPARTMENT OF THE AIR FORCE
631ST AIR MOBILITY SUPPORT SQUADRON (AMC)
UNIT #2073 ©

APO AREA PACIFIC 96278-2073
j 2 dec 1997

MEMORANDUM FOR SrA QIN anna taiad atti,
FROM: CC
SUBJECT: Notification Letter -- Board Hearing

1. Tam recommending your discharge from the United States Air Force for Homosexual
Conduct according to AFPD 36-32 and AFI 36-3208, under the provisions of paragraph 5.36.
Copies of the documents to be forwarded to the separation authority to support this
recommendation are attached.

2. My reason for this action is:

You did, at or near Osan AB, ROK, on or about 4 Jul 97, wrongfully commit an indecent act

(homosexual act) upon _ by entering his room and rubbing his penis with your
hand. For this offense, you received an Article 15, with punishment consisting of a suspended

reduction to airman first class, a forfeiture of $250 pay per month for 2 months, restriction to
Osan AB, ROK. for 30 days, and 15 days extra duty. This action established an Unfavorable

Information File (UIF). (Atch 1.1, 1.2, and 1.3)

3. This action could result in your separation with an Under Other Than Honorable Conditions
Discharge. However, I am recommending that you receive an Under Honorable Conditions
(General) Discharge. The commander exercising 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 will probably be denied enlistment in any component of the

armed forces. Additionally, any special pay, bonus, or education assistance funds may be subject
to recoupment.

4. You have the right to:
a. Consult legal counsel.

b. Present your case to an administrative discharge board. You are entitled to present
evidence to rebut the presumption that you engage in, attempted 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.
- (fF 72003 “00/25

d. Submit statements on 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 a medical examination. You must report to the hospital, at
hours on

6, You have the right to consult counsel. Military legal counsel has been obtained to assist you.
For an appointment to consult the Area Defense Counsel, please contact CaptQQiQRRBW ocated
at Kunsan AB, ROK at 78299888 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. Jn 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 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. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFT 36-3208 is available for your use at the Orderly Room.

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

10. The discharge board or the discharge authority will make the finding and recommendations
required under 10 U.S.C. 2005(g).

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

   

& Colonel, USAF

    

Commander

Attachments:
t. Supporting documents:

1.1 AF Form 1137

1.2 AF Form 3212

1.3 AF Form 3070 (21 pp)
2. Airman’s Acknowledgment