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AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRS'f  MIDDLE INITIAL) 

TYPE  HON 

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PERSONAL APPEARANCE 

GRADE 

SRA 
X  I 

-- 

AFSNISSAN 

RECORD REVIEW 

COWNSI& 

VK5 

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NAME  OF COUNSEL AND OR ORGANI7,ATION 

ADDRESS AND OH ORGANIZATION OF COUNSEL 

No 
X 

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MEMBER SITTING 

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+-"" 
[ I O N  

1 

s  VOTE OP IW~BOARD - -  * ',',,  " 

GEN 

1  UOTHC 

1 

OTHER 

[  DENY 

ISSlJES 

A95.00 

1 

INDEX NUMBER 

A59.00 

HEARINC  DA'l  K 

CASE NUMBER 

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2 
3 
4 

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EXH1BlTS SUBMIWED TO THE BOARD 

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ORDER APPOIN'I'ING  THE BOARD 

APPLICATION FOR REVIEW O F  DISC1 IARGF. 

1  LETTER OF NOTIFICATION 
]  BRIEF OF PERSONNEL FILE 

COUNSEL'S M L E A S E  TO THE BOARD 
ADDITIONAL  bXI llHl1 s SURMITTRD AT TlMC C)T 
PERSONAL APPEARANCE 
I  TAPE RECORDING 01:  PERSONAL APPEARANCE HE 

13 Mar 2007 
APPLICANT'S  LSSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVi6W B 0 . W  DECISIONAL RATIONALE 

FD-2006-00219 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, tlie right to a personal  appearance withlwithout counsel, and tlie right to sub~nil an 
application to the AFBCMR. 

Names and votes will  be made available to the applicant at the applicant's request. 
*  Reason and Authority 
+  Reenlistment Code 

SAFIMRHR 
550 C S'I'WET  WEST, S U H "  40 
RANDOLPH AFR, T X  78150-4742 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE nlSCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WINC.3RD  FLOOR 
ANDREWS AFB, MI> 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATTONALE 

CASE NIJMBER 

FD-2006-00219 

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 Roard (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:  Appeal to change the 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 the reason and authority or reenlistment code. 

ISSUE: 

Applicant contends discharge was inequitable because evidence from a personal web page was unfairly 
obtained by his flight superintendent and forwarded up his chain of command.  The records confirmed that 
an investigating officer was appointed to determine the validity of information posted on an internet website. 
The applicant voluntarily admitted that he had voluntarily placed an advertisement on line which constituted 
a declaration of his sexual preference.  The Board concluded the misconduct was a significant departure 
from conduct expected of all military members.  The reason and authority of the discharge received by the 
applicant was found to be appropriate. 

CONCLUSIONS:  The Discharge Review Roard 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 

ANDREWS AFB,  MD 

(Former SRA) (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a HON Disch fr USAF Robins AFB, GA on 29 Mar 
05 UP AFI 36-3208, para 5.36.2.2 (Homosexual Admission).  Appeals for a Change in 
RE Code and to Change the Reason for Discharge. 

2 .   BACKGROUND: 

a. DOB: 27 Jul 81.  Enlmt Age: 20 3/12.  Disch Age: 23 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-94,  E-97,  G-96,  M-94. PAFSC: 1A551 - Airborne Mission Systems 
Journeyman. DAS: 21 Nov 02. 

b.  Prior Sv:  (1) AFRes 29 Oct 01 -  20 May 02  (6 months 22 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 21 May 02 for 6 yrs. Svd: 02 Yrs 10 Mo 09 Das, all AMS. 

b.  Grade Status:  SrA -  5 Nov 04 
ALC -  5 Jul 02 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 21 May 02 -  20 Feb 04  ~obins AFB  5  (Initial) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (00) Das 
TAMS: (02) Y ~ s  (10) MOS  (09) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 May 06. 

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

Issue 1:  My discharge was inequitable because evidence  (personal web page) 
was unfairly obtained by my flight superintendent and forwarded up the Chain of 
Command without my notification.  Said web page contained no identifying 
information, and no information regarding status as USAF servicemember. 
Futhermore, discharge proceedings were started with no regard as to my excellent 
service record or manning shortages in my career field. 

ATCH 
1. DD Form 214. 

( I b w m m E ~ ~   AIR FOR b 

12th AIRBORNE COMMAND AND CONTROL SQUADRON (ACC) 

ROBCNS AIR FORCE BASE, GEORGIA 

P- 

&-ma? 

FROM:  12 ACCSICC 
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 aud Separations, and AFI 36-3208, 
Administrative Separation of Airmen, under the provisions of paragraph 5.36.2.2.  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 1 Feb 05, an investigating officer (10) was appointed to determine the validity of 
information posted on an internet website.  An advertisement was posted in the Personals on 
Yahoo.com solibiting a partner of the same sex.  In the interview with the 10, you confirmed 
that the person in the advertisement is you and that you had voluntarily placed the 
advertisement ontine,  The advertisement constitutes a declaration of your sexual preference. 
Actions are being taken based on the results of the I 0  investigation, 

3.  This action could result in your separation with a g e n d  discharge.  I am recommending that 
you rmive a general discharge.  The commander exercising Special Court-Martial (SPCM) 
jurisdiction or a higher authority will make the h a l  decision in this matter.  If you are 
discbargcd, you will be ineligible for reenlistment in the Air Force and will probably be denied 
enlistment in any component of the armed forces. 

4.  You have the right to: 

a.  Consult legal counsel. 
b.  Present your case to an administrative discharge board, subject to your availability. 
c.  Be represented by legal counsel at a board hearing. 
d.  Submit statements in your owb 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 have an appointment for an initial briefing at Separations, Bldg 905,327-7348, at 
1000 hours on 8 Mar 05.  Please bring an escort for your assistance, 

6.  You have been scheduled for a medical examination,  You mwt report to Flight Medicine 
located in Building 700A at 1415 houla on 8 Mar 05.  You must be in uniform and on time in 
order to keep the scheduled appointment. 

7.  Military legal counsel has been obtained to assist you  I have made an appointment for you 
to consult with Area Defense Counsel, 926-5852, at 1400 hourr on 7 Mar 05.  Instead of the 
appointed counsel, you may have another, if the lawyer you requcst is in the active military 
d c e  and is reasonably available as determined according to AFI 5 1-201, Administration of 
Military Justice.  In addition to military counsel, you have the right to employ civilian counsel. 
The Air Force does not pay expenses incident to tbe employment of civilian counsel.  Civilian 
couasel, if employed, must be readily available, 

8.  Confer with your counsel and reply, in writing, within 7 workdays, speciwg the rights you 
choose to exercise.  The statement must be signed in tbe presence of your counsel who also will 
sign it.  If you waive your right to a hearing before ah 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. 

9.  Any personal information you fiunish in rebuttal is cbvered by.the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at the Area Defense Counsel's Office. 

10. 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, 

1 1. If you received advanced education assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment 

, 

12,  Execute the attached acknowledgement and return it to me immediately. 

c.-.-....-.-......----------------------------------: 
Commander 

Attachments: 
(listed on next page) 

Attachments: 
1.  Supporting Documents 

a.  Yahoo Personal Ad, 27 Jan 05 
b.  I0 Appointment Letter, 1 Feb 05 
c.  MFFt, 2FebOS 
d.  MFR, 2FebO5 
e,  I 0  Report, 2 Feb 05 

2.  Airman's Receipt of Notification Memomudun 

,