AIR FORCE DISCHARGE  REVIEW BOARD HEARIN G RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE	AFSN/SSAN

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TYPE HON	PERSONAL  APPEARANCE	x	RECORD REVIEW
1---c'-_uN_SEL'···---'-'-4   NAME  OF COUNSEL  AND  OR  ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DEN Y
x

ISSUES

AOl.27 AOI.37

INDEX NUMBER	A46.00

x x x
x

1	ORDER APPOINTING THE BOARD
2	APPLJCA TION FOR REV IEW OF DISCHARGE

3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL A PPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

10 Oct 2005	FD-2005-00108
APPLICANT'S ISSUE AND THE'!lOARD'.sPECISIONAL RAT.IONAl:iARE DISCUSSED ON THEA1TACHED..AIR FORCE DISCHARGE REVIEW BOARD DECISJONAL RATJONALE

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.

Names and votes will be made available to the applicant at the applicant's request.

SIGNATURE OF RECORDER

TO:	FROM:
SAFIMRBR
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 REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00108	

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

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 ofreason and authority for discharge and change ofreenlistment 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 discharge.

ISSUE:

Applicant contends discharge was inequitable because of a false accusation of his admission  to homosexuality. He also contends many people first asked if he was homosexual  and then accused him of complying with an admission to homosexuality--breaking the first rule of "Don't  Ask/Don't  Tell."  In addition, he alleges he endured many occasions of prejudice, inequity, bias, and discrimination. Lastly, the member states he was questioned without any suggestion for a lawyer to assist him and never given the opportunity to fully present his case or himself. The records indicated the applicant received an honorable discharge with the narrative reasoning  of homosexual admission. The member was notified of discharge action on March 7, 2002, and scheduled to consult counsel (Area Defense Counsel) on March 8, 2002. Additionally, member consulted counsel on March 15, 2002, and  submitted  a conditional  waiver  of his rights to a board hearing contingent upon receiving a discharge characterization no less than an honorable discharge.

AFI 36-3208, Chapter 5, Section G, paragraph 5.36.1 indicates a basis for discharge exists if the member makes a statement that demonstrates a propensity or intent to engage in homosexual acts. The applicant made statements that fit the criteria set out in paragraph 5.36.1. While he denied such statements, three credible witnesses signed sworn statements asserting that such statements were made.  The characterization of the discharge received by the applicant was found to be appropriate.

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 authorit y 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