RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01563
		INDEX CODE:  110.00
		COUNSEL:  NONE
		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  19 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

The Narrative Reason for Separation on his DD Form 214, Homosexual Act, be removed.

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APPLICANT CONTENDS THAT:

Several recruiters and the Veterans Administration (VA) stated the narrative reason on his DD Form 214 is an illegal statement.  
It has limited his career progression.  It also eclipses the honorable characterization and has restricted his hiring opportunities due to bias and prejudices.  Further, it restricts federal hiring opportunities.  This statement has caused him undue hardship.

In support of his appeal, applicant submitted a DD Form 293, and a copy of his DD Form 214.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 22 June 1989.

On 19 January 2006, the applicant was notified of his commander's intent to recommend him for discharge for homosexual conduct.  The specific reason for the discharge action was that on 16 December 2005, the applicant engaged in a homosexual act.  The applicant was advised of his rights in this matter. 

On 19 January 2006, the applicant acknowledged receipt of the notification memorandum and after consulting with legal counsel, invoked his right to a hearing before an administrative discharge board.  However, on 9 March 2006, he submitted a conditional waiver of his right associated with an administrative discharge board hearing contingent upon receipt of no less than an honorable discharge.
On 9 March 2006, the applicant submitted a request for Lengthy Service Probation (LSP) based on his outstanding 17 years of military service.  His commander recommended denial of his request for LSP.

The base staff judge advocate reviewed the applicant’s case and found it legally sufficient to support separation and recommended the applicant’s conditional waiver be accepted and his case forwarded for action on his LSP request.

The command staff judge advocate reviewed the applicant’s case and found it legally sufficient to support separation and recommended the applicant be discharged with an honorable discharge without probation and rehabilitation.

The Discharge Authority approved the separation and directed the applicant be discharged with an honorable discharge without probation and rehabilitation.

On 16 August 2006, the Secretary of the Air Force Personnel Council denied his request for LSP and directed the approved administrative discharge be executed.  He was discharged on 27 August 2006, with an honorable discharge.  He served 17 years, 6 months and 10 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the requested relief be denied.  DPPRS states the applicant has not submitted any evidence or identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, DPPRS believes his discharge was consistent with the procedural and substantive requirements of the discharge regulation and the discharge was within the sound discretion of the discharge authority.

The complete AFPC/DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 July 2007, for review and response within 30 days.  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 timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting a change in the narrative reason for separation.  While the narrative reason for separation the applicant received at the time of his discharge was correct and in accordance with the governing Instruction, it is our opinion that its application in this case is not justifiable.  Considering the fact that prior to his discharge he served faithfully and honorably for over 17 years and taking into consideration the impact the narrative reason has on his ability to integrate into the civilian community at this point in his life, we believe changing the narrative reason to Secretarial Authority would be the appropriate action to take in this case.  Accordingly, we recommend his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 27 August 2006, he was discharged under the provisions of AFI 36-3208, paragraph 1.2, (Secretarial Authority), with a Separation Program Designator code of “KFF.”

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The following members of the Board considered AFBCMR Docket Number BC-2007-01563 in Executive Session on 2 October 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 4 May 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 21 May 07.
	Exhibit D.	Letter, SAF/MRBR, dated 3 Jul 07.