AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FlRST MIDDLE INITIAL}

GRADE	AFSNJSSAN

PERSONAL  APPEARANCE

X	RECORD REVIEW

ADDRESS AND OR ORGANIZAT ION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC	OTHER	DENY

x•+

x•+ x•+ x•+

ISSUES	Hs

INDEX NllM8£R

A94.22

1 ORDER APPOINTING THE BOARD

X*+

2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETIER OFNOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSONA L APPEARANCE HEARING

HEARING DATE	CASENUMBER

13 Mar 2014	FD-201...00019

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

•	- --- ----   -•...•..- or	• --.....--.

TO:

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

SECRETARY OFnfE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
l!JSCOMMAND DR. EE WING, 3RD FLOOR
ANDREWS APB, MD 20762..1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00019	

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 Board grants the requested relief.

ISSUE: Applicant received an Honorable discharge, however the cited reason and authority for discharge is Homosexual Admission. Applicant appeals to the Discharge Review Board (ORB) for a change in her discharge pursuant to the September 20, 2011 memorandum from Clifford L. Stanley, 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 she was a homosexual and that she 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