RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01160
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 OCT 08

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APPLICANT REQUESTS THAT:

His narrative reason for separation be changed to one that would allow his reentry into the military.

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APPLICANT CONTENDS THAT:

He lied when he admitted to being a homosexual.  At the time of his admission, his mother was diagnosed with breast cancer which required surgery.  He tried to cross-train into a different specialty but was not allowed.  Uncertain whether he would be allowed out of the Air Force, he indicated he was a homosexual, which was not true.

In support of his appeal, the applicant provided a copy of his separation document, personal statements, and supportive statements.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24 Mar 92 for a period of four years in the grade of airman basic.  

On 6 Nov 95, the applicant’s commander notified him that he was recommending the applicant be discharged for homosexual conduct.  The reason was that on 29 Sep 95, the applicant submitted a letter to Colonel XXXXXXXXXX declaring himself to be a homosexual as defined by relevant Air Force instructions.  He further stated he had a propensity to engage in homosexual acts.  As a result, the commander directed Master Sergeant (MSgt) XXXXXXXXXX to investigate the applicant’s declaration.  MSgt XXXXXXXXXX concluded from his investigation the applicant’s statement was indeed true and he had not declared himself as a homosexual in an attempt to fraudulently obtain a discharge from the Air Force.

The applicant was advised of his rights in the matter and that an honorable discharge would be recommended.

On 7 Nov 95, the applicant offered a conditional waiver of his rights associated with an administrative discharge board hearing, contingent on his receipt of no less than an honorable discharge.  

On 9 Nov 95, the office of the Staff Judge Advocate found the discharge case file was legally sufficient and recommended the applicant’s conditional waiver be accepted and he be furnished an honorable discharge.

On 13 Nov 95, the discharge authority approved the discharge action and directed that the applicant be honorably discharged.

On 15 Nov 95, the applicant was honorably discharged under the provisions of AFI 36-3208 (Homosexual Admission) in the grade of senior airman and assigned a reenlistment eligibility (RE) code of 1M (eligible to reenlist, second-term or career airman not yet considered under the Selective Reenlistment Program (SRP)).  He was credited with 3 years, 7 months, and 22 days of active service.

On 23 Apr 07, the applicant’s RE code of “1M” was corrected administratively to read “2C” (involuntarily separated with an honorable discharge; or entry level separation without characterization of service).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial indicating that based on the documentation in the applicant’s records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his narrative reason for separation or his RE code.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

AFPC/JA recommends denial indicating the applicant has failed to establish any error or injustice.  He admitted that he made a false official statement to procure a fraudulent discharge, an offense punishable by the Uniform Code of Military Justice.  The deception, even when cloaked with claims of a dying parent and an uncertain future, constitutes a crime, not an injustice.  To obtain relief, the applicant must show by a preponderance of the evidence there exists some error or injustice warranting corrective action by the Board.  The circumstances presented by the applicant are full of contradictions and yield only attempted excuses for his deception.  

In AFPC/JA’s view, while the basis for his discharge on his separation document serves as a bar to his service, the applicant either fails to recognize the seriousness of his actions or seeks to further manipulate military officials into acting in accordance with his desires.  

A complete copy of the AFPC/JA 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 applicant on 1 Jun 07 for review and response within 30 days.  As of this date, no response has been received by this office (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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  However, we find it insufficient to override the rationale provided by the Air Force offices of primary responsibility (OPRs).  The evidence of record reflects the applicant was involuntarily discharged for homosexual admission, given an honorable discharge and assigned an RE code of “1M”.  His RE code was subsequently corrected administratively to reflect “2C.”  After reviewing the facts and circumstances of this case, we find no evidence that would lead us to believe the applicant's narrative reason for separation was improper or contrary to the governing directives under which it was effected, or that the corrected RE code was inappropriately assigned.  In view of the above, and in the absence of evidence to the contrary, we adopt the Air Force rationale and conclude that no basis exists upon which 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 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-2007-01160 in Executive Session on 15 Aug 07, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 23 Apr 07.
    Exhibit D.  Letter, AFPC/JA, dated 21 May 07.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Jun 07.

                                   XXXXXXXXXX
                                   Panel Chair