AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

MEMBERS SITI'ING

AFSN/SSAN

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x

x

INDEX NUMBER
A94.11, A94.21, A94.05	A67.10

]	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE

flEARING DATE
6 JUN 03

CASE NUMl.U:a
FD2002-000S32

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at 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.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUN\;IL AIR FORCE DISCl-lARGE REVIEW BOARD
1535 COMMAND DR, EE WINO, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-000532	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of the discharge.

Issues. Applicant was discharged for minor disciplinary infractions and homosexuality. The records review disclosed member made a statement she was homosexual; subsequent commander-directed inquiry disclosed she had a serious romantic relationship with another female, with whom she had been living, and that member's statements were sincere, although their timing was "suspicious.'· Additionally, member had two Articles 15, a vacation of suspended punishment, five Letters of Counseling, five Letters of Reprimand, and was placed on the Control Roster. Her misconduct included being late to work at least eleven times, not making her deferred payment plan payments, unacceptable duty performance, dress and appearance violations, and insubordination.  When recommended for administrative discharge, the member submitted a conditional waiver of her right to a board hearing in hopes of receiving an honorable discharge. When that was denied, she submitted an unconditional waiver of her right to a board hearing, and she failed to submit statements in her own behalf. Her defense counsel further advised member did not desire retention, nor a personal hearing with the convening authority. Member now contends her discharge was improper because she infers the command only determined to discharge her less than fully honorably once she revealed her homosexuality. Applicant however does not deny that the misconduct occurred. The record very clearly documents applicant's misconduct, that her attitude toward the Air Force was "entirely negative," and that she was "happy," not embarrassed when she was removed from her unit while pending discharge. The Board could find no inequity, impropriety, or sufficiently mitigating or extenuating circumstances that would warrant an upgrade of the discharge.	·

CONCLUSIONS: 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 that 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 for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief