AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

(b) (6)

PERSONAL  APPEARANCE
NAME OFCOUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND O.R O.RGANIZATION OFCOUNSEL

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MEMBER SITTING

HON	GEN	UOTHC	OTIIER

DENY

(b) (6)

X*+ X*+

ISSUES

A59.00

INDEX NVMBER

A59.00

X*+

1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTlFlCATJON
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

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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.

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

(b) (6)

TO:

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

SECRETARY Of THE AIR FORCE PERSONNEL COUNCl.L AIR FORCE DISCHARGE REVIEW BOARD
ISl5 COMMAND DR, EE WING,lRD FLOOR
ANDREWSAFB,MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00070	

GENERAL: The applicant appeals to change the reason and authority for the discharge.

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: After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as discussed below.

ISSUE:  The applicant received an Honorable discharge, however the cited reason and authority for discharge is Homosexual Conduct.

The Air Force Discharge Review Board, under its responsibility to examine the propriety  and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety.

The applicant appeals to the Discharge Review Board (DRB) for a change in his 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 admitting to his squadron superintendent that he is  homosexual. 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 and authority for the discharge 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.

However, 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