1  NAME OF SERVICE MEMBER (LAST, F1RS.I. MIDDLE INITIAL) 

I  GRADE 

1  AFSNISSAN 

AIR FORCE DlSCHARGE REVIEW BOARD HEARING RECORD 

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TYPE  GEN 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

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C(1YNaG 

I E S  

No 

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NAME  OF COIJNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORCANIZATION O F  COUNSEL 

b..-..-.-..-..-..-.-..-..-... 

ISSUES 

A94.05 

...-. 

1NI)EX NllMBhR 

A67.90 

1 

HEARING DATE 

CASE NUMRER 

X 

EXHIBITS SIJBMITTED TO THE BOARD 

ORDER APPORJTING THE BOARD 

APPLICATION  FOR REVIEW OF DISCHARGE 
I.ETTER  OF NO'TIFICA'I'ION 
HRItF OF PERSONNEL  FILE 
COUNSEL'S  RELEASE TO THE BOARD 
Al)l)l'r'lOlVAI,  EXIIIHI'I S SUHMI'I'TEL) A'I'  TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING  OF PERSONAL APPEARANCE HE 

1 
2 
3 
4 

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20 Feb 2007 
APPLlCAhT  S  ISSUE .4KD THE BOARD'S DECISIONAL RATIONAL AR6 DlbCtiSSED ON THE ATTACHED .AIR  TORCT. DISCHARGE REVIEW HOARD DEClSlOFiAL Wll0h'AL.L 

FD-2006-00284 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCMR 

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

1  TO: 

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

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

w 

DATE: 2t'ZU2007 

FROM: 

SECRETARY O F  THE AIR  FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
IS35 COMMAND DR, EE WING, 3RD FLOOR 
ANDHEWS AFB. MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00284 

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

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:  Upgrade of discharge is 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 discharge. 

ISSUE: 

lssue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  He contends his military career was fine until he was separated from his wife and comments made by 
his  lSt Shirt made him act out and ruined his carcer with the investigation of homosexuality.  The Board 
considered the applicant's  contentioils and noted that he provided a written statement to his commander 
requesting to be discharged because he was bisexual.  The records also indicated the applicant received an 
Article  15, a Vacation, a Letter of Counseling and two Records of Individual Counseling for misconduct.  He 
received an Article  15 for misuse of his Government Travel Card (GTC), failing to provide financial support 
to his spouse while he was receiving Basic Assistant (sic) for Housing and failure to pay his GTC.  He was 
punished with a reduction in grade to Airman, suspended forfeiture of pay, and restriction to Dover AFB for 
60 days.  The Vacation action was for failure to pay his GTC.  He forfeited $645.00 pay for two months. 
The DRB opined that through these administrative actions, the applicant had ample opportunities to change 
his negative behavior.  The Board concluded the misconduct was a significant departure from conduct 
expected of all military members.  The characterization of the discharge received by the applicant was found 
to be appropriate. 

lssue 2.  The applicant cited his desire to receive the G.1. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on July  16, 
2001) that he understood he must receive an I-Ionorable discharge to receive future educational entitlements. 
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 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 

ANDREWS AFB,  MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Dover AFB, DE on 18 Apr 
03 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 15 Jul 80. Enlmt Age: 20 11/12.  Disch Age: 22 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-36,  G-46,  M-45. PAFSC: 2T231 - Air Transportation 
Apprentice. DAS: 3 Nov 01, 

b.  Prior Sv:  (1) AFRes 28 Jun 01 -  2 Jul 01 (5 days) (Inactive). 

3.  SERVICE UNDER REVIEW8 

a.  Enlisted as AB 2 J u l   01 for 6 yrs. Svd: 01 Yrs 09 Mo 16 Das, all AMS. 

b.  Grade Status:  A m  -  10 Feb 03  (Article 15, 10 Feb 03) 

A1C -  17 Oct 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Mar 03, Vacation, Dover AFB, DE -  Article 134.  You, 
being indebted to Bank of America in the sum of $1489.60 
for government travel card expenses, which amount became 
due and payable on 3 Nov  02, did, from 3 Nov 02 to 3 Mar 
02, dishonorably fail to pay said debt.  Forfeiture of 
$645.00 pay per month for two months.  (No appeal) (No 
mitigation) 

(2) 10 Feb 03, Dover AFB, DE -  Article 92.  You, who knew 

of your duties at or near Doha, Kuwait, on divers 
occasions between on or about 23 Sep 02 and on or about 
13 Oct 02, were derelict in the performance of those 
duties in that you willfully failed to refrain from 
using your Government Travel Card for other than 
official government travel, as it was your duty to do. 
You, who knew of your duties somewhere in the world, 
between on or about 5 Sep 02 and on or about 22 Jan 03, 
were derelict in the performance of those duties in that 
you willfully failed to provide financial support to 
your spouse while you received Basic Assistance for 
Housing  (BAH) and were assigned a dormitory room in 
Building 445, room 213, Dover AFB, Delaware, 
simultaneously, as it was your duty to do,  You, who 
knew of your duties at or near Dover AFB, Delaware, 

between on or about 14 Dec 02 and on or about 22 Jan 03, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from signing for meals 
as though you were on meal card status at the In-Flight 
Kitchen at Dover AFB, Delaware, while you were receiving 
Basic Allowance for Sustenance, as it was your duty to 
do.  Article 134.  You, being indebted to Bank of 
America in the sum of $1,489.60 for government travel 
card expenses, which amount became due and payable on 3 
Nov 02, did at or near Dover AFB, Delaware, from 3 Nov 
02 to 27 Jan 03, dishonorably fail to pay said debt. 
Reduction Airman.  Suspended forfeiture of $645.00 pay 
per month, for two months.  Restriction to the 
industrial side of Dover AFB, Delaware for 60 days. 
(NO appeal) (No mitigation) 

e.  Additional: LOC, 12 APR 02 -  Late for work. 
RIC, 01 MAR 02 -  Late for duty. 
RIC, 14 FEB 02 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: 3 Jul 01 -  15 Jan 03  Dover AFB  3  (HAF Dir) 

h.  Awards &  Decs:  NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (09) Mos  (21) Das 
TAMS:  (01) Yrs  (09) Mos  (16) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Jul 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

APPLICATION FOR 'THE  REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

-- 

Form Approved 
LIMB No.  07040004 
Expires Aug 3 1, 2006 

The public reporting burden for thls collectlon of Information is estimated to average 30  mlnutes per response, lncludlng the time for  rsviewlnp In6tructions. searching exlstlng data sources, 
pathsnnp and malntalninp the data nssdd, a d  cornplet~ng and revlswlng the collectlon of  mformat~on. Ssnd comments repardlnp thls burden rsernate or  any other aspect of  thls coliectlon 
for  roducinq the burden,  to the Department of Defense,  Executive Serv~ces and Communlcatlon~ Dlrectomte 10704-0004). Respondents should be sware 
of  lnforrnation, lncludlnp S U Q ~ ~ S ~ I O M  
that  notwithstanding any other pmvlslon of  law.  no  person shall be subject to  any  penalty for falling  to comply wlth a wllectlon of  lnforrnatlon if It does not dlsplay a currently valrd  OM0 
control  number.  PLEASE  DO  NOT  RETURN YOUR  FORM TO THE  ABOVE  ORGANIZATION.  RETURN COMPLETED  FORM  TO  THE  APPROPRIATE ADDRESS  ON 
BACK OF THIS  PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for military discharge issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The request for 
Social Security  Number is strictlv to assure Droner identification of the individual and aooronriate records. 

%APPLICANT  DATA  (The person  whose discharge is to be reviewed).  PLEASE PRINT  OR  TYPE INFORMATION. 
a.  BRANCH OF SERVICE lX one)  I 
b,.  UW. U-t.  Gust .M(ddh(n[tl.IJ.. . . . . . . . . . . . . . . . , 

I ARMY 

MARINE CORPS 

AIR FORCE 

 COAST GUARD 
I  d.  SQf3LSECURJTY-NUMBER., 

NAVY 

1

1

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I c.  GRADEIRANK AT DISCHARGE 
I  2-1 

C - . . - . . - , . - . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - '  

2.  DATE OF DISCHARGE OR  SEPARATION 1  4.  DISCHARGE CHARACTERIZATION RECEIVED /X one) 

(YYYYMMDD) (If date is more than  15 years 
ago,  submlt  a DD Form  149) 
am3 & / /  

3.  UNIT AND LOCATION AT DISCHARGE 

OR  SEPARATION 

HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT (Special court-martial only/ 
UNCHARACTERIZED 
OTHER lErplainl 

6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REaUESTED 

Pagedl  flL  )21:,;fwI. 

& ~ e a ~  a5 

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5.  BOARD ACTION REQUESTED /X one) 

(  CHANGE TO HONORABLE 
I CHANGE TO  GENERAUUNDER 
I HONORABLE CONDITIONS 
1  CHANGE TO UNCHARACTFRIZED 

SEPARATION TO: 

I 

ST  (Continue in  ltem  14.  See insrrud  ns on 
s  t i  SWN*~-,W  Bt- 

(NOTE:  The Navy Discharge Review Board does not have a traveling panel.] a 

(See ltem  10 of the instructions sbour  counseWepresenrarive.) 

I  1  7. ( X  if applicable~ AN APPLlCATlON WAS PREVIOUSLY SUBMllTED  ON (YYYYMMDD) 

AND THlS FORM IS SUBMITED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

I 

8.  IN SUPPORT OF THIS APPLICATION,  THE FOLLOWING ATTACHED DOCUMENTS ARE  SUBMITTED AS EVIDENCE:  (Conrinue in  hem  17. 

If mllkary documenrs or  medical records are relevant to your  case, please send copies.) 

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9.  TYPE OF REVIEW REaUESTED (X one) 

CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON M Y  MlUTARY PERSONNEL FILE AND ANY ADDITIONAL  DOCUty!ENTAflON 
SUBMITTED BY ME.  I AND/OR  (counse1/represenrative) WILL NOT APPEAR BEFORE THE BOARD. 
I ANDIOR  lcounseUre~resentarivel WlSH TO APPEAR  AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C. 'METROPOLITAN AREA. 
I ANDlOR  ~counsel/representative) WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO  THE GOVERNMENT  BEFORE A TRAVELING  PANEL CLOSEST TO 
lenter c/ty and stere) 

c.  E-MAIL 

d.  FAX NUMBER (Include Area  Code) 

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11.  APPLICANT MUST SIGN  IN ITEM 13.a.  BELOW.  If  the record in question is that of a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPUCATION.  If the application is signed by other than the applicant,  indicate 
the name lprlnt) 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

NEXT OF  KIN 

WIDOW 
12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 
, - - - - -  ..................... 

JForward notiflcarion of any chanje in  add re^;^( 

-------- 

WIDOWER 

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b.  T E ~ H O ~ ~ ~ U M B E R . U ~ ~ U ~ B A C & E L  

O d d ;  

C-..... 

( I - L ~ + ~ U . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

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13.  CERTIFICATION.  I make the foregoing statements,  as part of my claim,  with full knowledge of the 
penalties involved for willfully  making a false statement or claim.  (U.S.  Code,  Title  18, Sections  287 
and  100 1, provide  that an individual shall be fined under this title or imprisoned not more than 5 years, 
or both.) 
........................................... 

a.  SIGNATURE -  REQUIRED (Applicant or  person in ltem  I  I  above) 

b.  DATE SIGNED - REQUIRED 

(YYYYMMDD) 

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CASE NUMBER 

(Do not  write in this space.) 

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Fb 

DB FORM 293,  MAR 2004 

afDzs737 
PREVIOUS EDITIONS  AR~OBSOLETE. 

Page  1  of 4 Pages 

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HEADQUARTERS 436TH AlRLET WING (AMC) 

7  APR  2003 

FROM: 436 APSJCC 
SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge fkom the United States Air Force for Homosexual Conduct and 
Misconduct,.specifically, Conduct Prejudicial to Good Order and Discipline according to AFPD 36-32, 
Milita y Retirements and Separations, and AFI 36-3208, Administrative Separation of  Airmen, under the 
provisions of paragraph 5.36 and 5.50.2.  Copies of the documents to be forwarded to the separation 
authority to support this recommendation are attached. 

2.  My reasons for this action are: 

(a)  On or about 10 Mar 03 you provided a written statement informing me that you were bisexual. 

In accordance with AFI 36-3208, para 5.36.2.2,  a statement by a service member that he or she is a 
homosexual or bisexual, or words to that effect, creates a rebuttable presumption that the service member 
engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. 
In response to this statement, an Administrative Discharge action has been initiated. 

(b)  Between on or about 3 Nov 02 and 3 Mar 03, you failed to pay your government travel card debt 
in the amount of $1489.60. For this misconduct the suspended forfeiture of $645 pay per month for two 
months as a result of a previous Article 15 was vacated. 

(c)  Between on or about 23 Sep 02 and 13 Oct 02, you were derelict in the performance of your 

duties in that you willfully used your government travel card for purchases other than official 
government travel.  In addition, between on or about 5 Sep 02 and 22 Jan 03, you failed to provide 
financial support to your spouse while you received BAH.  You were also derelict in the performance of 
your duties in that you signed for meal card meals while you were receiving BAS between on or about 14 
Dec 02 and 22 Jan 03.  You also failed to pay your government travel card in the amount of $1483.60 
between on or about 3 Nov 02 and 27 Jan 03. 

' 

(d)  On 12 Apr 02 you were 15 minutes late for work.  For this misoonduct you received a Letter of 

Counseling, dated 12 Apr 02. 

(e)  On or about 28 Feb 02 you were 30 minutes late for work.  For this misconduct you received a 

Letter of Counseling, dated 1 Mar 02. 

(0 On or about 14 Feb 02 you were 45 minutes late for work.  For this misconduct you received a 

Letter of Counseling, dated 14 Feb 02. 

3.  This action could result in your separation with an Honorable or General discharge.  I am 
recommending that you receive a General discharge.  The commander exercising Special Court-Martial 
(SPCM) jurisdiction or a higher authority will make the frnal decision in this matter.  If you are 

discharged, you will be ineligible for reenlistment in the Air Face and will probably be denied 
enlistment in any component of the armed forces and any special pay, bonus, or education assistance 
funds may be subjected to recoupment. 

4.  You have the right to: 

a.  Cmsult legal counsel. 

b.  Present your case to an administrative discharge board. You are entitled to present evidence to 
rebut the presumption that you engage in, attempted to engage in, have the propensity to engage in, or 
intend to engage in homosexual acts. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in you. own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before malung a decision to waive any of 

your rights. 

5.  You have been scheduled for a medical examination on Tuesdav, --------- 
Practice, 21d Floor, Building 302.  Your appointment will be with Dr; 
or need to reschedule this appointment, please call ext. 6130. 

8 Aar 03 at 1315 hours in Family 
: If you have any questions 

6.  You have been scheduled for a Separations Briefmg.  Please report to Building 520, Room 112, 
ext 2155 on Tuesdav. 8  AD^ 03 at 0900 hours. 
..................... 
7.  Military legal counsel Cap( - - - - - - - - - - - - - - - - - - -mi the Dover Air Force Base h e a  Defense Counsel, 
located in building 263, room 3 13, ext. 6995, is available to assist you.  Please contact him immediately 
upon notification of this action.  Instead of the appointed counsel, you may have another, if the lawyer 
you request is in the active military service and i s  reasonably available as determined according to AFI 
51-201, Administration ofMiIituy Jutice. In  addition to military counsel, you have the right to ernploy 
civilian counsel.  The Air Force does not pay expenses incident to the employment of civilian counsel. 
Civilian counsel, if employed, must be readily available. 

8.  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.  The Privacy Act Statement of 1974 covers any personal information you 
furnish in rebuttal.  A copy of AFI 36-3208 is available for your use in the 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.  Where recoupment is 
dependent on a fmding that the separation is voluntary or because of misconduct, the discharge board (or 
the separation authority if the board is waived) will make a specific written fmding whether the 

homosexual conduct constitutes a basis for recoupment.  A separation for homosexual conduct is 
voluntary if the member made the homosexual statement; committed, attempted or solicited the 
homosexual act; or entered or attempted to enter the homosexual marriage for the purpose of seeking 
separation.  Circumstantial evidence may be considered in determining the member's intent. 

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

Attachments: 
1.  Member's Statement 
2.  AF Form 366, Vacation of Suspended Non Judicial Punishment, dated 17 Mar 03 
3.  AF Form 3070, Article 15, dated 30 Jan 03 
4.  Letter of Counseling, dated 12 Apr 02 
5.  Letter of Counseling, dated 1 Mar 02 
6.  Letter of Counseling, dated 14 Feb 02 
7.  Airman's Receipt of Notification Memorandum 
8.  Withdrawal of ID Card