AIR  FORCE  DISCHARG E  REVIEW  BOARD  HEARI NG  RECORD	I
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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

SRA

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TYPE GEN

PERSONAL APPEARANCE

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I	RECORD    REVIEW

COUNSEL.	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER     I	DENY
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ISSUES	A94.06	INDEX NUMBER	A65.00	EXHIBITS  SUBMITTED  TO THE  QOARD
A02.17	1	ORDER APPOINTING THE BOARD
A92.22	2	APPLICATION  FOR REVIEW OF DISCHARGE
A39.00	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	..
01 Jun 2004	FD-2004-00082
APPLICANT'S ISSUE AND THE BOARD. S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Washi ngton, D.C.

Ad vise appl icant of the decision of the Board.

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1112004

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TO:	FROM:

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SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR	I

RANDOLPH  AFB, TX 781 50-4742	A NDREWS AFB, MD 20762-7002
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AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous ed ition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2004-00082	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and elected to exercise this right.  However, the case was considered tendered before the personal appearance.

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

FINDINGS:  The Board grants the requested relief.

ISSUE: Among other things, the applicant contends her discharge was inequitable because it was too harsh. The records indicated that the applicant admitted to engaging in homosexual acts. The records indicated no other infractions or misconduct by the applicant and a stellar duty history. Although the applicant elected a personal appearance, this case was a tender consideration. Tender consideration is the process of reviewing projected personal appearance DRB cases to determine if the DRB would grant the requested relief based on the record. All board members voted to grant the relief requested.  Therefore,  this  case is  considered Tendered. Because the DRB voted to grant the requested relief on the basis of harshness, it did not consider the applicant's other contentions.

CONCLUSION:   The Discharge Review Board concludes that the discharge was too harsh and concludes there exists an equitable basis for upgrade of discharge.  Thus, the applicant's discharge should be changed.

Attachment: Examiner's Brief