AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

PERSONAL   APPEARANCE

-X RECORD REVIEW

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

NAME OF COUNSEL A"; iD OR ORG.'1.", ill..ATION

ADDRESS AND OR ORGANIZATION <W COIJNS:L

MEMBERS SITTING

*+
*+
*+
*

INDEXNUMIIER
A46.00

1	ORDER APPOINTING THE BOARD

HEARING DATE
02M11-07

CASE NUMBER
FD2002-0184

NOTIFICATION
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

* Change Reason and Authority to Secretarial Authority.
+ Change Reenlistment Code

Case beard at Washington, D.C.

Advise applicant of the decision of the Board.

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

SECRETARY OF THE A.JR FORCE PERSONNEL COUNCIL A.JR FORCE DISCHARGE REVIEW BOARD
1535 COM't>.!AND 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 NIJMB;R

FD2002-0184	

GENERAL: The applicant appeals to change the reason and authority for the discharge, and by inference to change his reenlistment code.

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:   The Board grants the requested relief
The Board finds that neither the evidence of record or that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the appJicant's reason and authority for discharge inequitable.

Issue. Applicant received an Honorable discharge for Homosexual Conduct. The records disclosed two questionable incidents. During the first, applicant was a willing participant; during the second he was sexually assaulted by another male airman who was subsequently discharged with an Under Other Than Honorable Conditions discharge in lieu of trial by court martial, for this offense and others. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was sufficient mitigation and extenuation to substantiate changing the reason and authority for the discharge, and to change applicant's reenlistment code. While the Board did not condone applicant's homosexual experimentation during the first incident, they specifically found member's separation under the circumstances to be too harsh in the absence of other misconduct.

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.

However, in view of the foregoing findings, the Board further concludes that the reason and authority for the discharge is more accurately described as Secretarial Authority. The applicant's reason and authority for discharge should be changed to Secretarial Authority under the provisions of Title 1O, USC 1553.

Attachment: Examiner's Brief