AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

X	RECORD REVIEW

YES
x

•	·.. EL·''i\.%;  NAME OFCOUNSEL ANDOR ORGANIZATION	ADDRESS AND OR ORCANIZATION OFCOUNSEL
No
(b) (6)	(b) (6)

MEMBER SITTING

HON	GEN	UOTHC	OTHER

X*+

X*+ X*+ X*+

DENY

ISSUES

A94.56

INDl!X NUMBER

A59.00

1 ORDER APPOINTING THE BOARD

X*+

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

lilEAR.INC DATE	CASE NUMBER.

03 Oct 2013	FD-2013-00476

Case heard in Washington, D.C.

Advise applicant of the decision of the Board.

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

* CHANGE RE CODE
+  HANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY

TO:

SAFIMRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OFTHEAIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING,3RD FLOOR
ANDR.EWS AfB. MD 2076!-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00476	

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 grants the requested relief.
ISSUE:   Applicant received an Honorable discharge for Homosexual Admission

Applicant appeals to the Discharge Review Board (DRB) for a change in his 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.   Accordingly, upon review of the applicant's entire record, the Board determined a change to the narrative reason, authority for the discharge, and the reenlistment code are justified.

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.

However, in view of the foregoing findings, the Board concludes that 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