Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

T WEST, SUITE 40 
AFB, TX 781504742 

CE PERSONNEL COUNCIL 

1535 COMMAND DQ  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00393 

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 available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of Discharge is upgraded to General. 

The Board  finds the applicant submitted  no  issues contesting  the equity  or propriety  of the  discharge, and 
after  a thorough review of the record, the Board  finds the applicant's  discharge with an Under Other Than 
Honorable Conditions (UOTHC) discharge inequitable and directs that it be upgraded to General. 

ISSUE:  The  applicant  submitted  no  issues  and  requested  that  the  review  be  completed  based  on  the 
available  service record.  The Board  reviewed  the  entire record  and  found  no  evidence  of  impropriety or 
inequity in this case on which to base an upgrade of discharge.  The records indicated applicant received  a 
Letter of Reprimand for a civil  arrest for unlawfully  soliciting an undercover police officer to perform oral 
sodomy  for  compensation.  The Board  concluded  the  disciplinary  infractions  were  a  significant  departure 
from the conduct expected of all military members. 

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  overall  quality  of  applicant's  service  is more 
accurately reflected by an General discharge under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTH Disch fr USAF 11 Feb 94 UP AFR 39-10, 
para 5-35(a) (Homosexuality).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Dec 60.  Enlmt Age: 26 8/12.  Disch Age: 33 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-58,  G-53,  M-47. PAFSC: 3A051 -  Information Management 
Journeyman. DAS: 3 May 88. 

b.  Prior Sv: (1) AFRes 14 Aug 87 -  16 Feb 88 ( 6  months 3 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  17 Feb 88 for 6 yrs. Svd: 5 Yrs 11 Mo 26 Das, all AMS 

b.  Grade Status:  SRA -  31 Jul 90 

A1C -  (APR Indicates) :  17 Feb 88-16 Feb 89 

c.  Time Lost:  None. 

d.  Art15's:  None. 

e.  Additional: LOR, 01 MAR 93 -  Civil arrest for unlawfully soliciting an 
undercover police officer to perform oral 
sodomy for compensation (document missing 
from file) 

f.  CM:  None 

g.  Record of SV: 17 Feb 88 -  16 Feb 89  Nellis AFB  9  (Annual) 

17 Feb 89 -  16 Oct 89  Nellis AFB  4  (Initial) 
17 Oct 89 -  16 Oct 90  Nellis AFB  3  (Annual) 
17 Oct 90 -  30 Sep 91  Nellis AFB  3  (CRO) 
01 Oct 91 -  31 Mar 92  Tonopah Test Range  3  (Cmdr Dir) 
01 Apr 92 -  31 Mar 93  Nellis AFB  2  (Annua1)REF 

(.Discharged from Nellis AFB) 

h.  Awards &  Decs:  AFGCM, NCOPMER, NDSM, AFTR, AFLSAR, AFOUA W/1 OLC. 

i.  Stmt of Sv:  TMS:  (6) Yrs  ( 5 )  MOS  (29) Das 

TAMS: (5) Yrs  (11) Mos  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Aug 03. 

(Change Discharge  to Honorable) 

NO  ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE  AIR  FORCE 

554TH  SUPPLY  SOUAORON  rACC) 

NELLlS  AIR  FORCE  BASE. NEVAOA 

FROM:  554 SUPSICC 
SUBJ:  Notification Letter -  Board Hearing 

TO:  -, 

1.  I am recommending your discharge from the United States Air Force for 
homosexuality according to AFR 39-10, under the provisions of paragraph 
5-35a.  Copies of the documents to be forwarded to the separations 
authority to support this recommendation are attached. 

2.  My  reason for this action is that on or about 27 Jan 93, you unlawfully 
solicited an undercover police officer to perform oral sodomy for 
compensation for which you were arrested by civilian authorities and 
received a letter of reprimand dated 1 Mar 93. 

3 .   This action could result in your separation with an under other than 
honorable conditions (UOTHC) discharge.  I am recommending that you receive 
a UOTHC 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. 

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. 

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 had a medical examination at the 554th Medical Group, Physical Exam 
Section on 24 Feb 93. 

6.  Military legal counsel, Bldg 43, duty phone 24034, has been obtained to 
assist you.  An appointment has been scheduled for you to consult with 
counsel at 1030 hours on Monday, 15 Mar 93.  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 AFR 
111-1.  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. 

Gl&l  Power for Amenca  GOVERNMENT EXHIBIT;  3 

FOR  IDENTIFICATION 

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 szatements in your own behalf.  I will send the 
statements to the discharge authority with the case file to be considered 
with this recornendation.  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 Statement as explained in AFR 39-10. attachment 2.  A copy of 
AFR 39-10 is available for your use in the Unit Orderly Room. 

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

Commander 

2 Archs 
1.  LOR, 1 Mar 93 
2.  Las Vegas Metro Police Report, 
undated