AIR FORCE DISCHARGE REVU:W BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

t 211!1LIS

GRADE

AFSN/SSAN

PERSONAL APPEARANCE	X  RECORD REVIEW

NAME OF COUNSEi.AND OR ORGANJZ.ATION

MEMBERS SITTING

ADDRESS AND QR ORGANJZ.\ TJON OF COUNSEL

x x x x
INDEX  NUMBER	S	TO.

HEARING DATE
02-12-20

A46.00

CASE NUMBER
FD2002-0272

]	ORDER APPOINTING THE BOARD
2	APPLICATlON FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4		BRIEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

RF.MARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, and the right to a personal appearance with/without counsel.

DD Form 149 submitted. Advise applicant the case will be forwarded to the AFBCMR for further processing.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3w FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	

FD2002-0272	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and 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: Upgrade of, change of reason and authority for the discharge, and change of reenlistment code, are denied.

The Board finds that neither the evidence of record or that provided  by the applicant substantiates an inequity or impropriety that would justify a change of the discharge.

Issues. Applicant received a general discharge for making a homosexual admission. Applicant now states this was untruthful, and he made the statement in order to get out of the Air Force due to his and his wife's dissatisfaction with the military medical system following a miscarriage. The record disclosed member made a sworn written statement in which he admitted being bi-sexual and having confusion about his sexuality and ability to serve in the Air Force. This statement constituted a rebuttable presumption that member would engage in such conduct, or attempt or intend to. At the time of the discharge, member waived his right to have his case heard by an administrative discharge board, or submit additional statements in his own behalf. He in fact submitted a waiver conditioned upon receipt of no less than an Honorable discharge, which is what he received. 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