RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02381
		INDEX CODE:  110.00

		COUNSEL:  None

		HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to allow him to reenlist into military service.

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APPLICANT CONTENDS THAT:

This was his first time away from home and he was young, scared and unprepared for military service.  Although he is not homosexual, he opted through youthful indiscretion to seek a discharge on those grounds.  He made a foolish mistake.  He has now matured and is more responsible.  He did not realize the full consequences of his actions.  He now wishes to serve honorably.

Applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 9 October 1996, the applicant enlisted in the Regular Air Force (RegAF) as an airman basic for a period of four years.  

The applicant was notified on 21 October 1996 that he was being recommended for discharge for homosexual admission.  The reason for this action was the applicant made a statement that he was bisexual and requested to be discharged from the Air Force based on his homosexual admission.

The commander advised the applicant of his right to consult legal counsel and to present his case to an administrative discharge board and that legal counsel had been obtained to assist him; and to submit statements in his own behalf, or waive the above rights after consulting with counsel.

The commander indicated in her recommendation for discharge action that if her recommendation was approved, the applicant's separation would be characterized as entry-level.

On 28 October 1996, after consulting with counsel, the applicant waived his right to a discharge board and to submit a statement.

A legal review was conducted on 28 May 1996 in which the staff judge advocate (SJA) recommended the applicant be discharged with an entry-level separation.

On 30 October 1996, the discharge authority approved the applicant’s entry-level separation.

The applicant was discharged on 31 October 1996, with an entry-level separation for homosexual admission.  He served 23 days of active service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS states the Department of Defense (DOD) determined that, if a member served less than 180 days of continuous active service, he would receive an entry-level separation/uncharacterized service characterization when separation was initiated.  The separation is uncharacterized because it would be unfair to the member and the service to try and characterize the limited time served.  DPPRS further states the discharge was consistent with procedural and substantive requirements of the discharge regulation.  They further state the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulations.  Also, the discharge was within the sound discretion of the discharge authority.  Nor, has he provided any facts to warrant a change in the character of his discharge or his reenlistment eligibility code.  Based on the evidence provided they recommend the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 August 2004, for review and response.  As of this date, no response has been received by this office.  

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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 injustice or error.  After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded his request to have his discharge upgraded is warranted.  In this respect, the discharge the applicant received indicates an uncharacterized entry-level separation for serving less than six months of service which would be appropriate considering that the applicant served 23 days of active military service.  Based on the documentation in the applicant's records, it appears the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend favorable action on his request to have his discharge upgrade.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02381 in Executive Session on 21 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 26 Jul 04.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPRS, dated 10 Aug 04.
	Exhibit D.	Letter, SAF/MRBR, dated 13 Aug 04.