AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 
I  AlC 

I  AFSNISSAN 

1 x 1  

I 
I 

MEMBER SITTING 

I 

1 
2 
3 
4 

I 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

19 May 2004 

CASE NUMBER 

FD-2004-00065 

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. 

SAFMRBR 

I

/

 

I  FROM: 

RANDOLPH AFB, TX 78150-4742 

L 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW BOARD 
153.5 COMMAND DR EE WMG. 3RD FLOOR 
ANDREWS AFB, MD 20762-7001 

Previous edition will be used 

I 

i 

I 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m2004-000,jij 

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 right. 

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

FINDINGS:  Change of discharge reason and authority for discharge 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  her  statement  was  credible  and  she  had  the  propensity  to  engage  in  homosexual  acts. 
Furthermore,  she  declined  to  rebut  the  presumption  when  given  the  opportunity  to  do  so.  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 she made a "serious error in judgment"  in making the 
statement, and she wants to return to military service.  The Board notes that applicant remains silent on the 
presumption she would engage in homosexual conduct and she provided no documented evidence that her 
homosexual claims were false. Furthermore, she presents no evidence of an inequity or impropriety and the 
Board could find none, nor any mitigating or extenuating circumstances that would warrant an upgrade of 
the discharge. 

While the Board commends applicant on her desire to return to military service and is sympathetic to the 
impact of 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 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDRgWS AFB, MD 

(Former AlC)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a HON Disch fr Moody AFB, GA on 27 Apr 99 UP 
AFI 36-3208, para 5.36  (Homosexual Admission).  Appeals for a Change of RE Code, 
Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 28 Jul 76.  Enlmt Age: 21 6/12.  Disch Age: 22 8/12. Educ: HS DIPL. 

AFQT: N/A.  A - 8 9 ,   E-71,  G-55,  M-53. PAFSC: 2W031 -  Munitions Systems 
Apprentice. DAS: 10 Oct 98. 

b.  Prior Sv: (1) AFRes 17 Feb 98 -  16 Jun 98 (4 months) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 17 Jun 98 for 4 yrs. Svd: 0 Yrs 10 Mo 11 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art15's:  None. 

e.  Additional: Memo For 347 EMS/CC, 22 Mar 99 -  Homosexual Admission. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (2) Mos  (1) Das 

TAMS: (0) Yrs  (10) Mos  (11) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Feb 04. 

(Change RE Code, Reason and Authority for Discharge) 

Issue 1:  I would like the Board to consider my request to change the 

narrative and the re-entry code so that I would be able to correct an (sic) 
serious error in judgement that I demonstrated on April 27, 1999.  I would like 
to have this changed to be able to re-enlist back into the military.  I am 
attaching several character references to this document supporting this change 
and to also recruit the chance to re-join the military service.  I am only 
requesting that the re-entry code and the narrative be changed from 2C and 
homosexual admission to a status that will allow me to re-enlist at the earliest 

possible time frame so that I can serve my  country. 

ATCH 
1. Five Character References. 

- 

-DEPARTMENT OF THE AIR FORCE 

'QEAW- 
347TH WIN6 (AN) 
MOODY  AIR  FORCE  BASE,  6EOR611 

- C- 

- 

F D Z B O ~ - ~ Z ~ D G ~  

2 

13 April 1999 

FROM:  347 EMSICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge fi-om the United States Air Force for homosexual 
conduct according to AFI 36-3208, under the provisions of paragraph 5.36 (specifically paragraph 
5.36.2.2).  Copies of the documents to be forwarded to the separation authority to support this 
recommendation are attached. 

2.  My redson for this action is that on or about 10 Feb 98, you submitted a letter to me in which 
you state that you have a "homosexual orientation" (Atch 1). 

3.  This action could result in your separation with an under other than honorable conditions 
discharge if the criteria in AFI 36-3208, paragraph 5.37.3 are met.  I am recommending that you 
receive an honorable discharge.  The commander exercising Special Court-Martial (SPCM) 
jurisdiction or a higher authority will make the h a 1  decision in this matter.  If you are discharged, 
you will be ineligiile for reenlistment in the Air Force and will probabIy be denied enlistment in 
any component of the armed forces, and any special pay, bonus,  or education assistance h d s  
may be subjected to recoupment. 

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.  Sub&  statements in your own behalf in addition to, or in lieu of, the board hearing; 

and, 

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 Moody Air 
Force Base Hospital, Physical Exams Section, Bldg 3296, at 0730 on 23 April 1999 for the 
examination.  This is a mandatory appointment. 

6.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
Bldg 5 107, extension 342 1, on 
I have made an appointment for you to contact captain- 
13 A ~ r i l 9 9  at 1030. Please take your copy of this Notification Memorandum and attachments 
with you to your appointment.  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 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. 

7.  Confer with your counsel and reply, in writing, within seven (7) workdays, specimg 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 in your own behalf.  I will send the statements to the discharge 
authority with the case fle 
your failure will constitute a waiver of the right to the board hearing. 

to be considered with this recommendation.  If you fail to respond, 

8.  Any personal information you W s h  in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the orderly room 

If you request a board and you fail to appear without good cause, your failure to appear 

9. 
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). 

1 1.  Execute the attached acknowled 

Commander, 3 4 7 ~  ~ ~ u i p h e n t  Maintenance Squadron 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 
Memorandum For Record, 22 Mar 99, (wlatch) 

2.  Receipt of Notification Memorandum