AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00702	
					
GENERAL:  The applicant was discharged on 20 Oct 04 in accordance with AFI 36-3208 with a General discharge for Homosexual Act.  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 11 Feb 20.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  The applicant was represented by counsel.    

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service. 
  
FINDING:  The DRB voted unanimously approve the applicant’s request to change the discharge narrative reason to Secretarial Authority.  However, the DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable, and to change the reenlistment eligibility code to 3K.

DISCUSSION:  The DRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, is authorized to change the characterization of service and the narrative reason for discharge if such changes are warranted.  If applicable, the board can also change the applicant’s reenlistment eligibility code.  In reviewing discharges, the board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant.  The board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety.  

The applicant’s record of service included two Article 15, one vacation of suspended nonjudicial punishment, one Letter of Reprimand, one Letter of Counseling; and five Memorandums for Individual Counseling.  His misconduct included:  failure to go at prescribed time to appointed place of duty (x7); dereliction of duty; failure to remain in dorm room while on 24-hour quarters; and failure to notify First Sergeant of speeding ticket received on base. 

The applicant contended the discharge was inequitable because it was a result of a hostile work environment due to his sexual orientation.  He is requesting an upgrade under current DoD policy that aurhoizes upgrades when there are no other aggravating factors.  

Based on the Don’t Ask, Don’t Tell Repeal Act of 2010, the “Don’t Ask, Don’t Tell” (DADT) policy was repealed effective 20 Sep 11.  The act authorized some former military members discharged under DADT (or a similar policy prior to DADT) to request a correction to their discharge records.  Based on this, the board concluded his narrative reason was improper due to this change in the law.  Per guidance from the Under Secretary of Defense for Personnel and Readiness, applicant requests should be approved when the original discharge was based solely on DADT (or a similar policy prior to DADT) and there were no aggravating factors in the record, such as misconduct.  However, the DRB reviewed the applicant’s entire record and found extensive evidence of misconduct.  The DRB determined that, through the administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  The board concluded the discharge characterization received at the time of discharge was appropriate.

CONCLUSION:  The board found neither the evidence of record, nor that provided by the applicant substantiated any inequity.  However, the board determined the applicant’s narrative reason was improper based the guidance released in conjunction with the repeal of DADT.  Therefore, the board determined the discharge narrative reason was more accurately described as “Secretarial Authority.”  The board did not change the discharge characterization or reenlistment eligibility code.    

The DRB results were approved by the board president on 23 Apr 20.  If desired, the applicant can request a list of the board members and their votes by writing to:  

Air Force Review Boards Agency
Attn: Discharge Review Board
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief (Applicant Only)