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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

·	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TYPE HON

YES	No
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

AlC
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

'-------------------------------------

'--------------------------------------

HON

GEN

UOTHC

OTHER

DENY
x x x
x
x

ISSUES

A92.37

INDEX NUMBER

A65.00

AOl.43	1	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

19 May 2004	FD-2004-00065

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 , 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 REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2004-00065	

GENERAL: The applicant appeals to change the reason and authority for her discharge and to change her 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:  Change of discharge reason and authority for discharge and reenlistment code are 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 received an honorable discharge for making a homosexual admission. The records review disclosed member made a statement she was homosexual; subsequent commander-directed inquiry disclosed her statement was credible and she had the propensity to engage in homosexual acts. Furthermore, she declined to rebut the presumption when given the opportunity to do so. When recommended for administrative discharge, the member waived her right to a board hearing, or to submit statements in her own behalf. Member now contends she made a "serious error in judgment" in making the statement, and she wants to return to military service. The Board notes that applicant remains silent on the presumption she would engage in homosexual conduct and she provided no documented evidence that her homosexual claims were false. Furthermore, she presents no evidence of an inequity or impropriety and the Board could find none, nor any mitigating or extenuating circumstances that would warrant an upgrade of the discharge.

While the Board commends applicant on her desire to return to military service and is sympathetic to the impact of her reenlistment code, this is not a matter of equity or propriety that warrants an upgrade.

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