RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00155
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation code and narrative reason be changed to “JFF –Secretarial Authority” and his Reenlistment (RE) Code be changed to “3K.” 
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APPLICANT CONTENDS THAT:

The recruiter assured him and his father that once he was in basic training, he would be able to secure the specific job he wanted.  He would not have enlisted in the Air Force if not for the guarantee he received from the recruiter.  The recruiter misled and lied to him.  He felt infuriated, depressed, and shocked.  Because of this, he took a course of action that compromised his integrity and honor.  He made a verbal statement that he was a homosexual.  He was under great mental stress and felt there was no other way out of his contract.  He is not, never has been nor will be a homosexual.  He wants to reenlist and serve his country with honor and integrity.  He hopes that the injustice that was done unto him will be found and he be allowed to right this wrong in his life.

In support of his request, he submits a personal statement, and a letter of support from his father.   His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force in the grade of airman first class (E-3) on 17 June 1998.  At the time of his enlistment in the Regular Air Force, he signed an AF Form 3005, Guaranteed Aptitude Enlistment Agreement, in which it was indicated that he was guaranteed classification into an Air Force Specialty (AFS) in the “General” Aptitude Area (AA) without promise of a specific specialty.  By his signature on this form, the applicant acknowledged his understanding that his classification could be in any under of AFS’s but that he would be classified within his guaranteed AA.  He was further advised that although his preferences would be considered, his specific AFS classification would be based on the specialties available at the time of his classification and the needs of the Air Force.  The applicant acknowledged, among other things, that he could be classified into any AFS within his guaranteed AA he was fully qualified for whether or not it was one of his preferences and that the needs of the Air Force came first.  The applicant subsequently entered Basic Military Training (BMT).

During his first week of training, the applicant approached his team chief with a personal problem.  On 22 June 1998, he signed a statement indicating he was a homosexual and he requested he be discharged from the Air Force for homosexual conduct.  Discharge proceedings were thereafter initiated against the applicant and, having been counseled, the applicant waived all his rights associated with the discharge proceedings.  On 29 June 1998, the discharge authority approved the recommended separation and the applicant was involuntarily separated from active duty with an Entry Level Separation on 1 July 1998 for “homosexual admission.”  An RE 2C was assigned.  He had served 15 days of active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS states that airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  DPPRS states that the Department of Defense determined if a member served less than 180 days continuous active service it would be unfair to the member and the service to characterize their limited service.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states that RE code 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct.  The DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 June 2002 for review and response.  As of this date, this office has received no response.  

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he has been the victim of either an error or an injustice.  His contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We agree with the recommendations of the Air Force and adopt their rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or injustice.  Therefore, we find no basis to recommend granting the relief sought in this application. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and the that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 21 August 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 January 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 28 February 2002.
     Exhibit D.  Letter, AFPC/DPPAE, dated 12 June 2002.
     Exhibit E.  Letter, SAF/MRBR, dated 21 June 2002.