RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01800
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for discharge of Homosexual Admission on her DD Form 214 be changed.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The statement “Homosexual Admission” on her DD Form 214 is not true.  She is deeply sorry and would have applied to have her record changed years ago, but she only recently found out about the AFBCMR process.  

Her record is in error.  During Basic Military Training, she experienced some things that made her very uncomfortable and was not able to concentrate, at that time.  Her mind was not where it should have been.  After one incident she felt that she should not be in military service.  She made a mistake and would like her life back.

In support of the application, she submits her DD Form 214, Certificate of Release or Discharge from Active Duty, a sworn statement, and her marriage certificate. 

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 17 Jun 98 for a period of four years.  

On 14 Jul 98, she submitted a statement requesting discharge from service on the basis of homosexual conduct.  On 6 Jul 98, the applicant’s commander notified her that she was recommending her separation from the Air Force under the provisions of AFI 36-3208 for homosexual conduct.  Applicant was advised of her rights and acknowledged receipt of the notification.   She waived her right to a hearing before an administrative discharge board, but retained her right to military counsel.  She declined to submit statements in her own behalf.  On 9 Jul 98, the discharge authority approved the recommended separation and directed the applicant be discharged.  

Applicant was separated with an entry-level separation because of Homosexual Admission.  She had served 23 days on active duty.  A reenlistment eligibility (RE) code of 2C (Involuntarily separated with an entry level separation without characterization of service) was assigned.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. 

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS found no procedural errors or injustices in the applicant’s discharge; however, they defer to the discretion of the Board as to whether a correction to her narrative reason for separation is appropriate.

The complete DPSOS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Nov 08 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

_________________________________________________________________

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.  The applicant’s contentions are duly noted; however, we are not persuaded that the applicant has been the victim of an error or injustice.  At the time members are separated from the Air Force, they are furnished a narrative reason for separation predicated upon the quality of their service and circumstances of their separation.  The supporting documentation submitted does not substantiate her claim that she was discharged for reasons other than those indicated on her DD 214; therefore, we find no basis to warrant favorable action on this application.  

_________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered this application in Executive Session on 14 January 2009, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered under AFBCMR Docket Number BC-2008-01800:

	Exhibit A.  DD Form 149, undated, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C   Letter, HQ AFPC/DPSOS, dated 28 Oct 08.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 08.

                                  XXXXXXXXXX
                                  Panel Chair