_,
AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
'	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
'	

TYPE

HON

PERSONAL  APPEARANCE

AlC
x

a 11 1nu12•tt
RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

SSUES

A93.23

MEMBER SITTING

INDEX NUMBER	A94.21

HON

GEN

UOTHC

OTHER	DENY
x x x
x
x

A94.05

I	ORDER APPOINTING THE BOARD

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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 DATE	CASE NUMBER

17 Jun 2004	FD-2004-00064

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/MRBR
550 C STREET WES ,	ITE 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 REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00064	

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

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

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

FINDINGS:  Change of reason and authority for discharge are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUES:

Issue 1. Applicant was discharged for homosexual conduct after making both written and oral statements regarding same.  He now notes his difficulty finding post-service employment, and his in-service depression. The records indicated the applicant had been diagnosed with an adjustment disorder with depressed mood, and subsequently with obsessive-compulsive disorder, and he had begun cognitive behavior therapy for his depression, as well as being placed on medication.  Never-the-less, member made his homosexual   admissions and was properly discharged for them.  The DRB could not find an inequity or impropriety in the action.

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for the change.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on October 1, 2000) that he understood he must serve at least 36 months of active duty and receive an  Honorable discharge to receive future educational entitlements.  Member served only 32 months, and so was not eligible.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant a change in his 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 change of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief