AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME Of' SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

X PERSONAL APPEARANCE
NAME OF COUNSl!L AND OR ORGANl:l.ATION
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GRADE	AFSN/SSAN

•

RECORD REVIEW
ADDRESS AND OR ORGANll \ TION OF COUNSEL
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von: OF TIIE )!OARD

MEMBERS SITTING

GEN

UOTHC

X*
x
x
X*
x

ISSUES
AOI.17, AOl.31, AOl.39, AOl.49, A94.21

HEAJUNG DATE
012303

INDEX NUMBER
A46.03

CASE NUMBER
FD2002-0332

1
2	APPLICATION  FOR REVIEW OF DJSCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXIDBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
Case heard at Washington, D.C.

* Change narrative reason for discharge to "Personality Disorder"

** Change narrative reason for discharge to "Secretarial Authority"

Advise the applicant of the decision of the Board 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 COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS  AFB,  MD 20762- 7002

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

AIR FORCE DISCHARGE REV IEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0322	

GENERAL:  Tue applicant appeals for a change to the narrative reason for his separation.  The applicant appeared and testified before the Board, with counsel, at Andrews AFB, MD, on January 23, 2003.

The applicant submitted a three-page personal statement, a copy of AF Form 1186 dated October 29, 1998, a copy of a January 17, 2002 mental health evaluation of the applicant by Drf -- -- ----- -- Progress Notes
dated October 17, 2002 and December 3, 2002 concerning the applicant by tirC_- :-----_-_-_-_-_:, and a mental
health report signed by Dr -----------------_-_-_-_-_-j and Dr [	]dated December 18, 2002. All of these items were assembled together and entered into evidence as Exhibit #6.

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

FINDINGS:  The applicant's request to change the narrative reason for his separation is denied.  The board finds neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety which would justify the requested change.  The applicant raised the following issues for the board's  consideration:

Issue # 1: The applicant claims his Area Defense Counsel (ADC) did not properly advise him concerning the conditional waiver of his discharge board and the type of characterization he would receive.  Tue DRB
noted the waiver the applicant signed provided that, if approved, he would receive no less than an honorable discharge.  The governing instruction requires members who submit a conditional waiver to specify the service characterization they will accept (AFI 36-3208, para 6.25).  Tue ADC properly advised the
applicant to request the best possible service characterization (viz. honorable).  This issue is without merit.

Issue #2:  Tue applicant claims his First Sergeant and Chaplain failed to exercise their proper roles by investigating the homosexual statements he made, reading him his Article 31 rights, and failing to seek medical assistance for him.  The ORB noted the applicant requested a meeting with his First Sergeant and Chaplain for the purpose of telling them of his homosexual or bisexual orientation.  He told the First Sergeant that he had contemplated suicide because of the conflict he felt over his homosexual feelings.
Shortly after the applicant made his admissions, the First Sergeant read the respondent his Article 31 rights. Tue applicant placed his initials next to statements on the AF Form 1168 indicating he did not want a lawyer and agreed to make a statement that could be used in a later administrative proceeding.  Tue DRB considered whether the First Sergeant should have referred the applicant to mental health or another service provider after he mentioned the possibility of suicide.  The DRB noted that the applicant stated the source
of his suicidal ideation was the conflict he felt between his claimed homosexual or bisexual lifestyle and his service in the Air Force.  However, since his commander did not believe there were any medical issues which would impact his pending separation and the fact a chaplain was present at the time the applicant made his admissions, the DRB did not believe there was an inequity or impropriety in not sending the applicant to a mental health provider. At the ORB, the applicant admitted he intended and expected his statements would be used to effect his separation from the Air Force.  Because the applicant intended for his conversation with the First Sergeant and Chaplain to be communicated to others, the DRB did not find a violation of any privilege of confidentiality.  For these reasons, the ORB found this issue to be without
merit.

Issue #3:  The applicant claims his statements to his First Sergeant and the Chaplain did not definitively declare his intention to engage in homosexual conduct.  The DRB reviewed the statements and noted the applicant told his First Sergeant that the Air Force was preventing him from pursuing things he needed to be	

happy.  When asked to expJain, the applicant replied he was having thoughts of having sex with a man and that he needed to explore his attraction to men.  He added that though he had not yet acted on his feelings,  he had a "strong desire" to do so.  After being advised of his rights, the applicant wrote a statement in which
he revealed that though attracted to women he also had "thoughts regarding sexual and emotional relations
with men."  He added that he could no longer "deny this lifestyle and be happy."  In view of the foregoing, the DRB found this issue to be without merit

Issue #4:  The applicant claims his commander improperly advised him that the worst possible characterization he could receive would be a general discharge.  The governing instruction provides that members, like the applicant, who are being discharged for making homosexual statements may receive either an honorable or a general discharge (AFl 36-3208, para 5.37.2).  Inview of the foregoing, the ORB felt this issue was without merit.

Issue #5:  The applicant claims the narrative reason for his separation should be something other than "Homosexual Admission".  In deliberating this issue, the DRB carefully considered the applicant's current mental illness, described as schizoaffective disorder, for which he is currently being treated and receives a variety of medications to control his depression; the ORB also considered the impact a change in the narrative reason may have in the applicant's on-going treatment.  After carefully reviewing his file, the  ORB believed the applicant experienced some degree of gender identity disorder even prior to his entry into
military service; however, the DRB could find no evidence indicating the applicant was subject to delusions prior to his separation.  The DRB believed the applicant was fully cognizant of his statements to the First Sergeant and Chaplain and that he made the statements acknowledging his homosexual or bisexual orientation with the intention of effecting his discharge, and that bis current mental illness evolved after and has been a reaction to his discharge.  Therefore, after reviewing all the evidence of record and the  applicant's testimony, the ORB concluded the current narrative reason conforms to the evidence and best describes the reason for his separation at the time of his discharge.

The Board also reviewed and considered the applicant's entire service record before making a decision.

CONCLUSIONS:  The board concludes there is no legal or equitable basis to change the narrative reason for his discharge.

Attachment: Examiner's Brief