SYRACUSE, N.Y. -- A military administrative board is deliberating over whether a New York National Guard officer who publicly announced he's gay should be discharged for violating the military's 'don't ask, don't tell' policy.

Lt. Dan Choi and his lawyer presented evidence to a Federal Recognition Board at a closed hearing in upstate New York Tuesday morning.

Choi's hearing is being held in Syracuse because it's the headquarters of the 27th Brigade Combat Team, which overseas his unit.

The 28-year-old would be the first New York National Guard member discharged for violating the military's policy against homosexual conduct.

The California native and 2003 West Point graduate announced in March that he's gay. He served in Iraq in 2006 and 2007 with the 10th Mountain Division.