AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

(  AFSNISSAN 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

Tl.PE GEN 

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1 NAME O F  COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

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MEMBER SITTING 

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ISSUES  A94.06 
A02.17 
A92.22 
A39.00 

INDEX NUMBER 

A65.00 

HEARING  DATE 

CASE NUMBER 

1  GRADE 
1 
SRA 
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X

 

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I  RECORDREVIEW 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

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UOTHC 

VOTE OF'I HE BOARD 

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EXHIBITS SUBMITTED TO THE BOARD 

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

DENY 

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LETTER OF NOTIFICATION 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 

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01 J u n  2004 
APPLICANT'S  ISSUE AND T t E  BOARD S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED  AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE 

FD-2004-00082 

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Case heard at Washington,  D.C. 

Advise applicant of the decision of the Board 

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TO: 

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, M E N T

 
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FROM: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB. TX 781 50-4742 

DATE:  6/1/2004 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND  DR.  EE WING, 3RD FLOOR 
ANDREWS  AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-VZ) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

BD-20(,4-00082 

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

The applicant was offered a personal  appearance before the Discharge Review Board  (DRB) and elected to 
exercise this right.  However, the case was considered tendered before the personal appearance. 

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

FINDINGS:  The Board grants the requested relief. 

ISSUE:  Among other things, the applicant contends her discharge was inequitable because it was too harsh. 
The records indicated that the applicant admitted to engaging in homosexual acts.  The records  indicated no 
other infractions or misconduct by the applicant and a stellar duty history.  Although the applicant elected a 
personal appearance, this case was a tender consideration.  Tender consideration is the process of reviewing 
projected personal  appearance DRB cases to determine if the DRB would grant the requested relief based on 
the  record.  All  board  members  voted  to  grant  the  relief  requested.  Therefore,  this  case  is  considered 
Tendered.  Because the DRB voted to grant the requested relief on the basis of harshness, it did not consider 
the applicant's other contentions. 

CONCLUSION:  The Discharge  Review Board  concludes that the discharge was too  harsh and concludes 
there exists an equitable basis for upgrade of discharge.  Thus, the applicant's  discharge should be changed. 

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 GEN Disch fr Minot AFB, ND on 23 Aug 89 UP 
AFR 39-10, para 5-35 (Homosexual Acts).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Jun 68.  Enlmt Age: 17 10/12.  Disch Age: 21 1/12. Educ: BS. 

AFQT: N/A.  A-67,  E-56,  G-57,  M-45. PAFSC: 81150 -  Security Specialist. 
DAS: 2 Mar 87. 

b.  Prior Sv: (1) AFRes 25 Apr 86 -  21 Sep 86  (4 months 28 days) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as 22 Sep 86 for 6 yrs. Svd: 2 Yrs 11 Mo 2 Das, all AMS. 

b.  Grade Status:  SrA -  5 Mar 89 
A1C -  5 NOV 86 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None 

f .  CM:  None. 

g.  Record of SV: 22 Sep 86 -  21 Sep 87  Minot AFB  9  (Annual) 

22 Sep 87 -  12 Jun 88  Minot AFB  9  (CRO) 
13 Jun 88 -  21 Nov 88  Minot AFB  9  (CRO) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (3) Yrs  (4) Mos  ( 0 )   Das 

TAMS: (2) Yrs  (11) Mos  (2) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Apr 04. 

(Change Discharge to Honorable) 

Issue 1:  Legal counsel was absent for my proceedings.  The base's JAG 

representative was representing other people and she could not represent me.  I 
had one phone conversation, about 3 minutes in lenght telling me to accept the 
military's offer, with a JAG representative from another base. 

Issue 2:  I feel that my discharge of a general under honorable conditions 

was excessive for the crime of telling the truth. 

Issue 3:  My lst, 4th, 6th, 8th, and 14th amendments rights of the U.S. 

Constitution were basically ignored because I chose to be honest and cooperate 
with OSI. 

Issue 4:  This discharge has eliminated the opportunity for me to pursue 

careers in Law Enforcement and many government contractor fields. 

Issue 5:  I did not 'join the military as a Lesbian.  When I signed my 

enlistment papers I was 16 years old.  I did not know my sexual orientation 
until I was 19 years of age. 

Issue 6:  The military has the obligation to make this gross miscarriage of 

justice right. 

ATCH 
1. Two Certifications of Training. 
2. Bachlor of Arts Degree. 
3. College Transcript. 
4. Associate of Applied Science Degree. 
5. College Transcript. 
6. DD Form 214. 
7. Emergency Medical Technician Certification. 
8. Thirteen American Red Cross Certifications. 

DEPARTMENT O F  THE AIR  FORCE 

857TH SECURITY P O L I C E  G R O U P  (SAC) 

M I N O T  AIR  F O R C E  BASE,  N O R T H  DAKOTA 58705-5000 

REP,LV  TO 
ATTN.  OF: 

CCQ 

19 Jul 89 

SUBJECT: 

Notification Letter - Board Hearing 

1 .   I am recomnding your discharge from the United States Air Force for 
homosexuality according to AFR 39-10, under the provisions of paragraph 5-35. 
Copies of  the docmnts to be forwwded to the separation authority to support 
this recomnendation are attached. 

2 .   h@  reasons for this action are that on or abut 21 June 1989, yau stated 
that you are a hornsexual and that you have engaged in hornsexual act8 with 
other female active duty Air Force m&rs  on at least 65  eeparste occasiontx 
since October 1387- 

3-  This action could result in your separation with an under other than 
honorable conditions discharge.  I sm reco-nding 
that you receive a general 
discharge-  The coxmmder exercising SFCM  jurisdiction f5r m/LT)  UP a higher 
authority will W e  the final decieion in this matter-  If you are dicchsrged, 
you will be ineligible for reenlistment in the Air Force. 

4.  You  have the right to: 

a.  Consult legal ~ounsel-- 

b.  %sent  y o n  case to sn  admFnistrative discharge M. 

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 m t  consult-legal-oounsel before making 

a decision to mive any of your -rights. 

, 

. 

5.  You have been,scheduled for a mdical examination.  You 1-t 
857th Strategic Hospital, Physical b a n s  Section, at0808.hours. on 24 July 
1983 - 

report to the 

6.  Military legal counsel, Captain- 
asskt you-  Her of f k e  is located in' Bldg 475,  ,Boom 306, Hnot h3, &ID, phone 
W23-3493-  An  appointmnt has been ~chedded for you to mnsdtbher st her 
office, at  / L  no  hours on  Iq-Ttr f- 
counsel, you m y  have another, if the lawyer you request is-in the active 
military service and-i3 reasonably available as determined according-to AFH 

*  , 19bQ: --Instead of the appointed 

has been obtained to 

P e a c e .

 . . . i s   o u r  P r o f e s s i o n -  

111-1.  In addition to'military counsel, you have the right to employ civilian 
counsel.  The Air Force dues  not pay expemes incident to the eqloynrtnt of 
civilian eoumel-  Civilian counsel, if  employed, must be ~esdfly available. 

7 .   Confer with your counsel and reply, in writing , witiin 7 wrkdays ,- 
specifying the rights you choose to exercise.  The statemnt must  be signed in 
the presence of your eourrsel d o  also will sign it.  If  you m i v e  your right 
to a hearing before an administrative discharge board, you may submit  written 
statement8 in yo-  o m  behalf-  I will send the statensent8 to the dischmge 
authority w i t h   the ease file' to be considered with  this ~emnrmendation. If 
you fail to ~espond, your failme  will conztitut-e a miver of the ~ i g h t  to the 
board  hewing. 

8- Any personal informtion which you submit in rebuttal is covered by the 
Privacy Act S t a t m n t  d i c h  is explained in AFR 39-10, 'attschmnt 6 .   A copy 
of AFR 3-16 is available in the Orderly &om  for your use. 

9.  E x a t e  the attached acknowledgment and return it to- ~lle i d i a t e l y .  

Gr-oup  Section*Commander, 857  SPG 

. - 

la.  AF  Form 1168/70 21 June lf3bQ 
b.  AF Form ll68/70-20 June- 1989 
c  AF Form 116Q/70 30 May  18BQ 
2 .   Airman' s Acknowledgent