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AF | DRB | CY2013 | FD-2013-00401_13
Original file (FD-2013-00401_13.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
T,FIRST MIDDLE INITIAL)  GRADE    AFSNISSAN



ONAL APPEARANCE  X        RECORD REVIEW
ADORESS AJllD OR ORCAJ\llZATION OFCOUNSEL

x        (b) (6)  (b) (6)
MEMBER SI










X*+
ISSUES        A94.SS INDEX NUMBER
AS9.00 1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
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
H£ARINC DATE

03 Oct 2013		 CASE NUMBER

FD-2013-00401

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.

*Narrative Reason and Authority
+RE Code
SAF/MRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB, TX 78150-4742		 SECRETARY OFTHEAIR FORCE P£RSON!IEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD ICOMMAND DR. EE WINC,3RD FLOOR
ANDREWS AFB. MD 20762-7001
Drawn Shape (ignored-not implemented yet) AFHQ FORM 0-2077, JAN 00       (EF-V2)  Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE    FD-2013-00401

GENERAL:         The applicant appeals for upgrade of discharge to honorable, 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 request for the upgrade of the discharge, to change the reason and authority for discharge, and to change the reenlistment code is denied.

ISSUE:   Applicant received a General discharge for Homosexual Conduct and Misconduct, specifically Minor Disciplinary Infractions

Applicant appeals to the Discharge Review Board (DRB) for a change in her discharge pursuant to the September 20, 2011, memorandum from the Under Secretary of Defense to Secretaries of the Military Departments on "Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code."   The Discharge Review Board may grant requests based on the aforementioned memorandum repealing the Department of Defense "Don't Ask, Don't Tell" policy when the Board finds the discharge was based solely on this policy, or a similar policy in place prior to the enactment of DADT; and there were no aggravating factors in the record, such as misconduct. The records indicated the applicant received two Article 15s and two Letters of Reprimand. Her misconduct included failed dorm inspection, failed to refrain from possessing a bottle of wine while underage, allowed guest to sleep in dorm room on two separate occasions, stole clothing from Dillard's valued at approximately $165.00, with intent to deceive made a false statement to a security officer, failed to follow proper entry control procedures by escorting a civilian into restricted area and brought camera phone into restricted area. On 2 March 2009, the applicant's commander initiated administrative discharge proceedings against the applicant and recommended she be involuntarily separated from the USAF with a General discharge based on Misconduct, specifically Minor Disciplinary Infractions. On 15 March 2009, the commander amended the notification memorandum to include Homosexual Conduct under AFI 36-3208, Chapter 5, Section G, paragraph 5.36. In the applicant's response to the discharge proceedings, she stated she should be discharged for homosexual conduct as well as misconduct because a discharge for homosexual conduct would give her the right to a discharge board while a discharge for misconduct alone would not. Based on her response and in the best interest of ensuring her right to due process, the commander withdrew the original notification. On 13 April 2009, the commander issued a new discharge notification memorandum for an administrative discharge board to the applicant.
The commander recommended the applicant receive a General discharge for Homosexual Conduct and Misconduct - Minor Disciplinary Infractions. On 15 April 2009, the applicant waived her right to an administrative discharge board in exchange for no less than a General discharge. Upon review of the applicant's entire record, the Board determined the primary reason for the applicant's discharge was misconduct, therefore a change to the characterization; narrative reason and authority for the discharge, and the reenlistment code are not justified based on the repeal of the DADT policy.

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 fo1 upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief

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