NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
ONAL APPEARANCE
X
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
AIC
RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
OF THE BOARD :
GEN UOTHC OTHER
x+*
x
xX+*
INUEA NUMBER
“EXHIBES SUBMITTED TO THE
ISSUES A9?,35 A65.00 fs - ; 7
A94,21 1 |ORDER APPOINTING THE BOARD
A90.05 2 |APPLICATION FOR REVIEW OF DISCHARGE
[3 LETTEROFNOTIFICATION ——ss—SSSSCisY
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
04 Aug 2010 FD-2009-00074
NAL ALE ARE DISCUSSED ON THE } FTACHE GE REVIEW BOARD DECISIONAL RA
‘APPLICANT'S ISSUB AND THE BOA
ee
tis es Mi uh
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.
+ Reason and authority for discharge.
* Reenlistment Code
Names and votes will be made available to the applicant at the applicant’s request.
DATE: 842010
TO: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-0007 4
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
and requests that the review be completed based on the available service record.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the change of reason and authority for discharge, and change of reenlistment
code.
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.
ISSUES:
Issue 1. Applicant contends his discharge was inequitable because it was based on one isolated incident in
14 months of service with no other adverse action. A Report of Homosexual Conduct disclosed that three
military members made credible statements recounting three separate incidents wherein applicant made
homosexual statements. These allegations were found to be substantiated in that report. Therefore,
applicant’s contention that his discharge was based on one isolated incident is inaccurate.
Issue 2. Applicant contends his discharge was inequitable because he did not receive a trial in which to be
found guilty or not. Applicant was offered the opportunity to have an administrative board hearing, but
submitted a conditional waiver of his right to a board provided he received an Honorable characterization of
service. Applicant failed to take the opportunity given him to rebut the presumption that he is a person who
engaged in, attempted to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
Issue 3. Applicant contends he was treated unfairly like a prisoner. There was no evidence of record to
substantiate this assertion.
Issue 4. Applicant contends his lieutenant violated the “don’t ask, don’t tell policy” by questioning him
about his sexual orientation. The record disclosed that the applicant’s discharge followed an informal
inquiry properly conducted by Maj MDR, 506 ESFS/CC, and documented in a Report of Homosexual
Conduct. Based on the available information, Maj MDR determined that the allegations of homosexual
conduct were substantiated. A legal review found the action legally sufficient to sustain the discharge.
CONCLUSION: 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 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 to
change the reason or authority for the discharge, or the reenlistment code, and determines the discharge
should remain unchanged.
Attachment:
Examiner's Brief
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| NAME OF COUNSEL AND OR ORGANIZATION _— ~ ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO | x VOTE OF THE BOARD MEMBERS SITTING HON GEN VOTH OTHER DENY mL ME mL KL OK ISSUES INDEX NUMBER ~ EXHIBITS SUBMITTED TO THE BOARD AOL.13, A92,37 A65.00 ORDER APPOINTING THE BOARD | APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE 03-14-02 FD2002-0337 I Arey Nolo COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL...
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