AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRS'I' MIDDIX INITIAL) 

J....-..-.-..-....-. ..-..-.-..-: 
I'Y PE HON 

PERSONAL APPEARANCE 

NAME OF COUNSEI> AN,) OR ORGANLZATION 

YES +I 

.............................................. 

MEMBER SITTING 

GRADE 

1 

SRA 

AFSNISSAN 

I  i 
. I  -....-..-.-..-. 
RECORD REVIEW 

I 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

ISSUES 

A94.53 

INDEX NUMBER 

A94.21 

HEARING  DATE 
25 May 2006 

CASE NUMBER 

1  FD-2005-00451 

Case heard at Washington, D.C. 

BITS SUBMfTTED TO 'I'HE BOARD 

1  1  ORDBK APPOINTING TI IL  BOARD 
2  1  APP1,ICATION FOR  REVIEW OF DISCliAK(;F 
3  1  LETTER OF NO.I.IFICATION 
4 
BRIEF OF PERSONNEL FILE 
COIJNSEI,'S RELEASE '1'0 THE BOARD 
ADDITIONAL EXHIBITS SUBMITI'ED AT TIME OF 
PERSONAL APPEARANCE 

-- 

'I'APE  RECORDlNCi 01: PEKSONAI, APPEARANCE 

Advise applicant of the decision of the Board, the right to a personal appearance witli/without  counsel, and l.he right to 
submit an application to tlie AFBCMR 

Names and votes will be made available to the applicant at the applicant's  request. 

*Reason and Authority 
+Reenlistment Code 

1 v: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOI..,PH AFB, TX 78150-4742 

SECRETARY  OF THE AIR FORCE PERSONNEL COIINCII. 
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR,  EE WING, 3RU FI.OOR 
ANDREWS AFB. M D  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-2005-00451 

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

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 and change of 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  reason  and  authority  for  discharge  or  a  change  of 
reenlistment code. 

ISSUE:  Applicant received an Honorable discharge for ~ioinosexual Activity. 

Applicant contends that the reason for her discharge was the result of confusion and inaccuracy and warrants 
that any remark or representation that she is a homosexual is blatantly not true.  The records indicated the 
applicant submitted a signed, written memorandum to her First Sergeant in which she stated that she 
confessed her homosexuality and her plans to marry her girlfriend, and that she also told her First Sergeant 
that she no longer wished to stay in the closet and planned on marrying her girlfriend.  The characterization 
of the discharge received by the applicant was found to be appropriate, and the Board concluded the reason 
and authority and reenlistment code were appropriate for the reasons which were the basis for this case. 

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 
changing the reason and authority for discharge or reenlistment code. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA)  (HGH SRA) 

1.-.-..-.-..-.-..-.-----------------: 

1.  MATTER  UNDER REVIEW:  Appl rec'd a HON Disch f r   USAF Langley AFB, VA on 15 
Apr 03 UP AFI 36-3208, para 5.36.2 (Homosexual Conduct).  Appeals for a Change in 
RE Code, Reason and Authority for Discharge, 

2.  BACKGROUND: 

a. DOB: 11 Oct 78.  Enlmt Age: 20 10/12. Disch Age: 24 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-90,  E-51,  G-42,  M-57. PAFSC: 2T151 - Vehicle Operations 
Journeyman. DAS: 14 Aug 00. 

b.  Prior S v :   (1) AFRes 18 Aug 99 -  12 Oct 99  (1 month 26 days) (~nactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 13 Oct 99 for 6 yrs. Svd: 03 Yrs 06 Mo 03 Das, all AMS. 

b.  Grade Status:  SrA -  26 Mar 02 
A1C -  26 NOV 99 

c.  Time Lost:  None. 

d.  Art  15's:  None. 
e.  Additional: MEMO, 11 MAR 03 -  Homosexual admission. 

f.  CM:  None. 

g.  Record of SV: 13 Oct 99 -  15 Apr 01  Langley AFB  5  (HAF Dir) 
16 Apr 01 -  15 Apr 02  Langley AFB  5  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFGCM. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (07) Mos  (29) Das 
TAMS: (03) Y ~ s  (06) Mos  (03) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Nov 05. 

(Change Discharge to Change the RE Code, Reason and Authority for Discharge) 

Issue 1:  I was discharged from the United States Air Force on April 16, 

2003.  I hereby request to reenlist in the United States Air Force and to 
honorably complete my term of enlistment.  I respectfully submit that the reason 
for my discharge was a result of confusion and inaccuracy.  I warrant that any 
remark or representation that I am a homosexual is blatantly not true.  And, 
that I am prepared and ready to carry out my service to my country.  I am 

available for service immediately.  Thank you for your consideration.  My 
military record and conduct was perfect  and in very good standing. 

ATCH 
1 .  DD Form 214, 
2. AF Form 100. 

i 

F-5- 

I 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS IST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

MEMORANDUM FOR SRA : 

,-------------------------------------------------. 

3 A p r i l ,   03 

FROM:  1 LRSICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge from the United States Air Force for homosexual 
conduct according to AFPD 36-32, Military Retirements and Separations, and AFI 3 6-3208, 
Administrative Separation of Airman, Chapter 5, Section G, Paragraph 5.36.2. Copies of the 
documents to be forwarded to the separation authority to support this recommendation are 
attached. 

2.  My  reasons  for  this  action  are:  On  or  about  11  Mar  03,  you  submitted  a  written 
memorandum to your First Sergeant stating you  confessed to TSgti 
ithat you  are a 
homosexual and plan to  marry your  girlfriend on  1 May  03 (Attachments  l a  and  lb).  Your 
statement that you are a homosexual and that you plan to marry your girlfiiend, or words to that 
effect,  creates a  rebuttable presumption that  you  engaged  in, attempted to  engage in,  has  a 
propensity to engage in, or intends to engage in homosexual acts. 

---------------- 
I --------------- I 

3.  This action could result in  your  separation with  an  under honorable conditions (general) 
discharge.  I  am recommending that  you  receive  an honorable discharge.  The  commander 
exercising special court-martial 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.  Any  special pay, 
bonus, or education assistance funds you have received may be subject 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)  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 deciding to waive any of 

your rights, 

5.  Military legal counsel has been obtained to assist you.  I have made an appointment for you 
to consult the Area Defense Counsel, 54 Willow Street, Bldg.  147, (757) 764-5607 at 

hours  on  Aprj 1 Y,  2003.  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. 

6.  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 in 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. 

7.  You have been scheduled for a medical examination.  You must report to the  1st Medical 
Group,  Physical  Exam  Section  at 
2003.  An 
additional examination will be scheduled if necessary.  You must bring your medical records to 
your scheduled appointment. 

hours  on 

8.  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 in the unit orderly room. 

9.  If  you  request  a  board  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.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

ander, 1st Logistics Readiness Squadron 

Attachments: 
1.  Supporting Documents 

a.  Memorandum, dated 1 1 Mar 03 
b.  Memorandum, dated 26 Mar 03 

2.  Receipt of Notification Memorandum