RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00545
		INDEX CODE:  100.3, 100.06 

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to allow enlistment in the Air Force.

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APPLICANT CONTENDS THAT:

He was discharged for stating he was a homosexual.  At that time he thought he was but now believes that condition no longer exists.  He is married with a son and definitely does not have any homosexual tendencies.

In support of his request, applicant provided a personal statement.  

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 October 1996, in the grade of airman basic.  On 21 October 1996, the applicant was notified by his commander he was recommending that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, (entry-level homosexual admission), with a uncharacterized entry-level separation.  The basis for the action was the applicant made a statement to the fact that he was bisexual and requested to be discharged from the Air Force on the basis of homosexual conduct.  He did not waive his right to military counsel, but indicated he did not intend to submit statements in his own behalf.  The case was reviewed on 22 October 1996, by legal services and found to be legally sufficient to support discharge.  He was separated from the Air Force on 25 October 1996 with an uncharacterized entry-level separation and issued an RE code of 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service”.  He served 24 days on active duty. 

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon the documentation in the file, that office believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He also provided no facts warranting a change to the character of service or a change to his RE code.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he is not homosexual in any way and never has been in anyway shape or form.  He was not prepared mentally for basic training at that point in his life and opted for an easy way out.  He now realizes that it was a mistake.  He believes that he can make a positive impact for the Air Force if given the opportunity.  He asks for a chance to right the wrong for his country and himself.  Whether it is from an RE code change to allow for reenlistment, or for a waiver signed and granted to allow for reenlistment, he is willing to do whatever testing is required by the Board to believe him and give him a chance.

His complete submission is at Exhibit E.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice in regard to his request that his reenlistment eligibility (RE) code be changed.  After a thorough review of the documentation provided and the evidence of record, the Board is of the opinion that given the circumstances surrounding his separation from the Air Force, the RE code assigned to the applicant was proper and in compliance with the appropriate directives. Applicant has not provided any evidence, which would lead the Board to believe otherwise.  Therefore, in the absence of evidence to the contrary, the Board finds no compelling basis to recommend a change in his RE code.  

4.  However, should the applicant wish to pursue a waivable RE code, he should submit a sworn personal statement and several character references attesting to his suitability for military life. The Board would consider such new evidence, but cannot guarantee a favorable review.  Further, should a waivable RE code be granted, it would only assure applicant of consideration, not acceptance into the military.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.  Such new evidence may include a sworn personal statement and several character references attesting to his suitability for military life.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00545 in Executive Session on 25 May 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Feb 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, Applicant, dated 22 Mar 04.