, 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

MEMBER SITTING 

GRADE 

A l C  
I 

I  X 

AFSNISSAN 

~ 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

C...................-..-..-.. 

ISSUES  A93.23 
A94.05 

INDEX NUMBER 

A94.21 

HEARING DATE 

17 Jun 2004 

CASE NUMBER 

FD-2004-00064 

1  Case heard at Washington, D.C. 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

1 

I 

SAFIMRBR 
550 C STREET W E S U E  40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE W N G ,  3RD FLOOR 
ANDHEWS 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 

FD-2004-00064 

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

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:  Change of reason and authority for discharge are denied. 

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 was unable to identify any that would justify  a change  of 
discharge. 

ISSUES: 

Issue 1.  Applicant was discharged for homosexual conduct after making both written and oral statements 
regarding same.  He now notes his difficulty finding post-service employment, and his in-service depression. 
The records indicated the applicant had been diagnosed with an adjustment disorder with depressed mood, 
and subsequently with obsessive-compulsive disorder, and he had begun cognitive behavior therapy for his 
depression, as well as being placed on medication.  Never-the-less, member made his homosexual 
admissions and was properly discharged for them.  The DRB could not find an inequity or impropriety in the 
action. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for the change.  The 
DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
October 1,2000) that he understood he must serve at least 36 months of active duty and receive an 
Honorable discharge to receive future educational entitlements.  Member served only 32 months, and so was 
not eligible.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, 
but this is not a matter of inequity or impropriety which would warrant a change in his 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 
change of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH A1C) 

FD2004-00064 

1.  MATTER  UNDER REVIEW:  Appl rec'd a HON Disch fr RAF Mildenhall, UK on 26 May 
03 UP AFT 36-3208, para 5.36 (Homosexual Conduct).  Appeals for Change in Reason 
and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Jan 81.  Enlmt Age: 19 5/12.  Disch Age: 22 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-99,  E-85,  G-99,  M-92. PAFSC: 1A831E -  Airborne Cryptologic 
Linguist Apprentice. DAS: 26 Sep 02. 

b.  Prior Sv:  (1) AFRes 21 Jul 00 -  18 Sep 00  (1 month 29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Sep 00 for 6 yrs. Svd: 2 Yrs 8 Mo 8 Das, all AMS. 

b.  Grade Status:  A1C -  3 Nov 00 

c.  Time Lost:  None 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 19 Sep 00 -  23 Jan 03  RAF Milenhall  5  (Initial) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (10) Mos  (6) Das 

TAMS: (2) Yrs  (8) Mos  (8) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 Jan 04. 

(Change the Reason and Authority for Discharge) 

Issue 1:  I am not currently eligible to receive MGIB benefits due to my 

time in service and narritive reason for separation.  I was instructed by the 
Area Defense Counsel that an honorable discharge would guarantee my eligibility 
for MGIB benefits.  I would not have made my homosexual admission at that time, 
or possibly at all, had I known that I was three and a half months short of 
being eligible to collect MGIB benefits. 

I ask you to please help me in this matter.  My separation has been very 

difficult.  I was unemployed for months  (as the economy in Portland is very poor 
right now).  I was given a certificate of eligibility for the GI Bill from the 
VA last summer, only to have it revoked less than a month before classes were to 
begin.  I cannot afford to finish college without this.  I only made my 
homosexual admission because I was becoming severely depressed from being 
closeted for so long.  Now I am out of a great career, and can't see how I can 
better my situation without a bachelor's degree, and for that the MGIB is my 
greatest hope. 

ATCH 
None. 

( 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTE~ loom AIR REFUELING  WING (USAFE) 

1 

f;o@-@-' 

4 7  

48 8th INTELLIGENCE SQUADRON 

FROM:  488 ISICC 

SUBJECT: Notification Memorandum - Board Entitled 

1. I am recommending your discharge from the United States Air Force for Homosexual 
Conduct.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.36.  If my 
recommendation is approved, your service will be characterized as either honorable or general.  I 
am recommending that your service be~haracterized as honorable. 

2.  My reasons for this action is that on 6 Feb 03, you reported to Majo 
and made a verbal statement to h m  that you were a homosexual, the d 
summarized in SMS-emorandurn 
written statement dated 6 Feb 03, indicating the same. 

for Record, dated 6 Feb 03.  You also provided a 

3.  The commander exercising special court-martial (SPCM) convening authority jurisdiction or a 
higher authority will make the final decision in t h s  matter.  Copies of the documents to be 
forwarded to the separation authority in support of this recommendation are attached.  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 behalf in addition to, or in lieu of, the board hearing. 
e.  Waive the rights.  You must consult legal counsel before making a decision to waive any 

of your rights. 

ea Defense Counsel, at Building 948, RAF Lakenheath, DSN 226- 

5.  Military legal counsel has been obtained to assist you.  An appointment has been made for 
you to consult Cap 
3608, on Friday, 4 April 2003, at 1000 hours.  Instead of the appointed counsel, you may have 
another, if the lawyer you request is in active military service and is reasonably available iis 
determined according to AFI 5 1-201. 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. 

6.  Confer with your counsel and reply, in writing, within 7 workdays, specifjmg the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who will also 
sign it.  If you waive your right to a hearing before an admulistrative discharge board, you may 

submit written statements in your own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with t h s  recommendation. If you fail to respond, or 
appear at the board hearing (if one was requested), your failure will constitute a waiver of the 
rights to a board hearing. 

7.  You have been scheduled for a Separations Briefing.  Please report to the Port-A-Cabins 
behind the educationcenter, RAF Mildenhall, DSN 238-5322 on Monday, 7 March  2003, at 
0900 hours. 

8.  You are scheduled for a medical separations examination.  You must report, with your 
medical records to the RAF Mildenhall, Flight Medicine located in building 830 on 7 April 2003 
at 1420 hours  You must be in uniform.  If you have been prescribed glasses, you must wear your 
glasses to the appointment. 

9.  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 at the unit orderly room or the Area Defense 
Counsel office. 

Commander 

Attachments: 
Airman's receipt of notification memorandum 
Memorandum from SMS- 
Memorandum from A1 C;-'td 
Enlisted Performance Report, 19 Sep 00 - 23 Jan 03 
Permission to Proceed Letter 
Records Review RIP 

6 Feb 03 

6 Feb 03