AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

(LAST,FIRST MIDDLE INITIAL)

GRADE

RSONAL  APPEARANCE

x	RECORD REVIEW
ADDRESS AND OR ORGANl:MTION OFCOUNSEL

MEMBER SIITING

HON	GEN	UOTHC	OTHER

*+

*+

•+

*+

DENY

ISSUES	Hs

INDEX NUMBER

A94.21

*+

1 ORDER APPOINTING THE BOARD

2  APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANC E HEARING

HL\IUNG DATE	CASE NUMBER

19 Jul 2013	FD-2013-00312

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 rigbt to submit an application to the AFBCMR.

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

* CHANGE RE CODE

SAF/MRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF 11IEAIR FORCE PERSONNEL COUNCIL AIR FORCE DISCJIARGE REVIEW BOARD 1535COMMAND DR, EE WING,3RD FLOOR
ANDREWS AFB, MD 20'/6:1..7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00312	

GENERAL: The applicant appeals for change of reason and authority for the discharge, and change of reenlistment eligibility (RE) 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 reason for discharge is changed to Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, USC 1553.

ISSUE: Applicant received an Honorable discharge, however the cited reason and authority for discharge is Homosexual Admission. Applicant appeals to the Discharge Review Board (DRB) for a change in his discharge pursuant to the September  20, 2011 memorandum from, 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 record indicated applicant was discharged honorably after making statements that he was a homosexual and that he engaged or attempted to engage in homosexual acts with another airman. 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. Upon review of the applicant's entire record,  the  Board determined a change to the narrative reason, authority for the discharge and the change of reenlistment code are justified.

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.

In view of the foregoing findings, the Board concludes the reason for the discharge is more accurately described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief