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

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AlC

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TYPE GEN

PERSONAL  APPEARANCE	x	RECORD  REVIEW

YES
x

NAME OF COUNSEL AND OR ORGANIZATION	AJ?DRESS AND OR ORGANIZATION OF COUNSEL

No

Mr.-:---------------:
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MEMBER SITTING

HON	GEN

UOTl lC	OTHER

DENY

X* X* X*
X*

X*

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ISSUES	INDEX	EXHIBITS SUBMITTED TO

A95.00 AOI.00

NUMBER

A65.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDI'I I  NAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

20 Mar 2007	FD-2006-00393

Case heard in 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 wi ll be made available to the appl icant at the appl icant's request.

* Reason and Authority

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TO:

SAl'/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

S:CRKl'Al<Y OF HIP. AIR  FORCE  PRRSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
13 COMMAN!l PR, EE WING, JR() Fl.OOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition wi 11 be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00393	

GENERAL:	The applicant  appeals for upgrade  of discharge to honorable  and 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:  Upgrade of discharge and change ofreason and authority for discharge 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:

The applicant was discharged with an under honorable conditions (general) discharge for a homosexual act in April 2001.  The applicant contends this is incorrect and was incorrect at the time and would like the records corrected to reflect this error.  The records indicated the applicant performed a homosexual act on another airman by performing oral sodomy on her openly and in public view of witnesses. The records also indicated the applicant received three Letters of Reprimand and two Records of Individual Counseling for misconduct.  She was administratively disciplined for consuming alcohol under the legal age, body piercing, missing an appointment, failure to go, and being disrespectful to an NCO.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.   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 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