NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AYSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF COUNSEL AND OR ORGANIZAIION 

.--------------- 

L.-.-..-....-..' 

RECORD REVIEW 

X 
....................................................... 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

TYPE  GEN 

PERSONAL APPEARANCE 

No 

YES 

x  I 

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"  Mr.: 
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MEMBER SITTING 

L.-..-.-..-....-..-.~..~....~....~..~.~..~....~..~.~..~~ 

HON 

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GEN^ 

VOT~WFHE: f i o . ~  
"' '"'*1  1.io1.1 IC 
0.1  IJER 

""'."""-- 

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DENY 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRlEF OF PERSONNEI,  FILE 
COUNSEI.'S  KELbASE'IO THI: BOARD 
ADDII'IONAL  EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL API'EARANCE 

TAPE RECORDING  OF PERSONAL APPEAMNCE HE 

HEARING DATE 

CASE NUMBER 

20 Mar 2007 
APPLICANT'S ISSUE AND THBBOAB'D'S DECISJOZIAI. RATIONAL  ARE DILCWSPD ON THE ATThC71ED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIOKALE 

FD-2006-00393 

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Case heard  in 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 A F B C M R .  
1  Names and votes will  be made available to the applicant at the applicant's request. 
*  Reason and Authority 

1 
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I Y i  

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

AFWQ FORM 0-2077, JAN 00 

$k(HI  IAUV O I   IHF  %IH [ O n ( &  PFRSOYYEL COI  YCIL 
AIR FORCE DISCHARLE R t V l t  \\  BOAKU 
l S l S C O U 4 l A I l )  l)K, tt ~ 1 ' 1 G . 3 H l ) F I O O R  
ANDREWS AFB, MD 20762-7W2 

I 

(EF-V2) 

Previous edition will be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00393 

GENERAL:  The  applicant  appeals  for upgrade  of  discharge  to  honorable  and  to  change the  reason  and 
authority for the discharge. 

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 and change of reason and authority for discharge 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 discharge. 

ISSUE: 

The applicant was discharged with an under honorable conditions (general) discharge for a homosexual act 
in April 2001.  The applicant contends this is incorrect and was incorrect at the time and would like the 
records corrected to reflect this error.  The records indicated the applicant performed a homosexual act on 
another airman by performing oral sodomy on her openly and in public view of witnesses. The records also 
indicated the applicant received three Letters of Reprimand and two Records of Individual Counseling for 
misconduct.  She was administratively disciplined for consuming alcohol under the legal age, body piercing, 
missing an appointment, failure to go, and being disrespectful to an NCO.  The Board concluded the 
applicant's  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. 

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 AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Andrews AFB,  MD on 2 Apr 
01 UP AFI 36-3208, para 5.36.2.1 (Homosexual A&). 
Discharge, and to Change the Reason for Discharge. 

Appeals for Honorable 

2.  BACKGROUND: 

a. DOB: 19 Jun 81.  Enlmt Age: 18 6/12.  Disch Age: 19 9/12. E ~ u c :  HS DIPL. 
AFQT: N/A.  A-65,  E-45,  G-37,  M-46. PAFSC: 2A632 - Aerospace Ground Equipment 
Apprentice. DAS: Unknown. 

b.  Prior Sv: (1) AFRes 22 Dec 99 -  11 Jan 00  (20 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Jan 00 for 6 yrs. Svd: 01 Yrs 02 Mo 21 Das, all AMS. 

b.  Grade Status:  AlC -  1 4   Jul 00 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 02 MAR 01 -  Disrespect to an  NCO and  f a i l u r e   to obey a 

lawful order. 
RIC, 04 DEC 00 -  Failure to go. 
RIC, 26 OCT 00 -  Missed appointment. 
LOR/UIF, 16 AUG 00 -  Body piercing. 
LOR/UIF, 28 APR 00 -  Consuming alcoholic beverages under 

age. 

f.  CM:  None. 

g .   Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (03) Mos  (11) Das 
TAMS: (01) Yrs  (02) Mos  (21) Das 

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

(Change Discharge to Honorable, and Change the Reason for Discharge) 

Issue 1:  I received a general under honorable discharge based on 

homosexuality.  This is incorrect and was incorrect at that time.  I refused the 

sexual advances of a senior and was subsequently given the choice of getting the 
discharge  I was given or having sex with a senior officer.  I again refused and 
accepted the character of discharge.  I am now engaged to be married soon, and 
am pregnant and I wish to have this injustice corrected.  Thank you. 

ATCB 
None. 

. 

4 

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J 

DEPARTMENT OF THE AIR  FORCE 

520 FIGHTER WING (USAFE) 

Fp29&4373 

3 0 ~ ~ ; ~ s  

a( 

FROM:  52 EMSICC 
SUBJECT:  Notification Letter - Board Hearing 

1, I am recommending your discharge from the United States Air Force for homosexual conduct 
according to AFPD 36-32 and AFI 36-3208, under the provisions of paragraph 5.36.2.1,  Copies 
of the documents to be forwarded to the separation authority to support this recommendation are 
attached. 

I 

2.  My reasons for this action are: 

a.  On or about 13 Oct 00, you performed a hompsexual act on SrA: ------------------ by 
performing oral sodomy on her openly and in public view of witnesses.  (Atchs 1 - 10) 

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

b.  Immediately after performing this act, you stated to the witnesses who were present, 
"Does my breath smell like pussy, do you like it?"  (Atchs 1 - 10) 

3,  Because of the homosexual act and statement made referred to in paragraph 2(a)  and (b) 
above, you are presumed to engage in, attempt to engage in, have a propensity to engage in, or 
intend to engage in homosexual acts, Additionally, you performed this act openly and in public 
view of witnesses.  This homosexual act has had an adverse impact on discipline, good order, 
and morale in this squadron.  Moreover, this act, as the witness statements 1-eveal, was pedbrmed 
on a member who was incapacitated due to voluntary intoxication.  After reviewing the 
witnesses'  statements and the circumstances surrounding your actions,  I have determined that 
you engaged in homosexual conduct.  Therefore, I am recornmending your discharge fiom the 
Air Force. 

4.  This action could result in your separation with an under other than honorable conditions 
(UOTHC) service characterization because under AFI 36-3208, paragraph 5.37.3, the 
homosexual act was performed openly in public view.  Notwithstanding that your discharge 
could be characterized as a UOTHC, I am recommending that you receive a general (under 
honorable) service characterization. The commander exercising SPCM jurisdiction or a higher 
authority will make the final decision in this matter.  If you are discharged, you will be ineligible 
for re-enlistment in the Air Force and will probably be denied enlistment in any component of 
the armed forces and any special pay, bonus, or education assistance funds may be subject to 
recumbent. 

5.  You have the right to: 

a,  Consult legal counsel. 
b.  Present your case to an administrative disch  ge bo %ov@$rnent Exhibit  3.'- 

c,  Be represented by legal counsel at a board hearing. 
d.  Submit statements on your own 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. 

I 

6.  You have been scheduled for a medical examination. You must ,report to the 52d Medical 
Group, PHYSICAL EXAMS ELEMENT on 31 JAN 01 at 1445 hours.  An appointment has 
also been made at FAMILY PRACTICE on 2 FEB 01 at 1015 hours, 

, - - - - - - - - - - - - - - - - - - - - -  

:  Spangdahlem AB, Gemany, DSN 452-6607, 
7.  Military legal counsel Captl--- ----- --- -- --- -- --!., 
has been obtained to assist you,  An  appointment bas been scheduled for you to consult her on 
- 
TBD at TBD hours.  Instead of the appointed counsel, you mayhave another, if the lawyer you 
request is in the active military service and is reasonably available as determined according to 
AFI 51-201.  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. 

8.  Confer with your counsel and reply in writing, within seven dutv davs, 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 on 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 furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the Commander's  Support Staff 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.  The discharge board or, the discharge authority will make the finding and recoktnendations 
required under 10 U.S.C 2005(g), 

12,  Execute the acknowledgment at Tab 2 and return it to me immediately. 

Commander 

11 Attachments: 
1 - 10.  Statement letters from witnesses, 16 Nov 00, 
1 1.  A h a n ' s  receipt of Notification Letter, located at Tab 2. 

DEPARTMENT OF THE AIR FORCE 

52D FIGHTER WING (USAFE) 

FROM:  52 EMSICC 

SUBJECT: Addendum to the Notification Letter dated 30 Jan 01 

1.  The following derogatory data which was originally missing from the Notification of 
discharge dated 30 Jan 01 willebe added to Paragraph 2 in the Notification Letter: 

a.  On or about 23 Apr 00, at or near Sheppard Air Force Base, Texas, while in Tech School, 
you consumed alcoholic beverages while under the legal age of 21.  For this infraction, you 
received a Letter of Reprimand (LOR) on 28 Apr 00,  (Atch 1)  An Unfavorable Information 
File 0 was established on 8 May 00 and this LOR was filed in it.  (Atch 2) 

b.  On 15 Aug 00, in Tech School .at Sheppard Air Force Base, Texas, you, without 
authorization, departed your appointed place of duty to do errands.  Also, on or about 
when you wore a nipple ring 
16 Aug 00, while in Tech School, you violated Air Force 
while in uniform.  For these infractions, you received another LOR on 16 Aug 00.  (Atch 3) 
This LOR was filed in your existing UIF on 16 Aug 00. (Atch 4) 

c.  On 13 Oct 00, you failed to report to your scheduled Family Practice appointment at the 
prescribed time.  For this infraction, you received a Record of Individual Counseling (RIC) 
on 26 Oct 00.  (Atch 5) 

d.  On or about  13 Nov 00, you again failed to report to your scheduled Family Practioe 
appointment at the prescribed time.  For this infraction, you received another RTC  on 
30 Sep 00.  (Atch 6) 

2.  You have the right to submit statements on your own behalf.  Any statements you w h t  the 
separation authority to, consider must reach me within three duty days, unless you request and 
receive an extension in writing for good cause shown.  1 will send them to the separation 
authority. 

, 

3.  Execute the acknowledgement located at Tab 2 and return it to me immediately 

Government Exhibit 

4.  The original Notification Letter dated 30 Jan 01 is also included inthe package. 

..-....-..-.,..-..------------------------------------------! 

Commander 

6 Attachments: 
1.  LOR, 28 Apr 00. 
2. -AF Form 1058,8 May 00. 
3. LOR, 1 6 Aug 00. 
4. AF Fonn 1058,16 Aug 00. 
5. RIC, 26 Oct 00. 
6. RIC, 4 Dec 00.