RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-03094 INDEX CODE:	100.00, 110.02

COUNSEL:	HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
The following changes be made to her DD Form 214, Certificate of Release or Discharge from Active Duty:

1.	Her narrative reason for separation of “Homosexual Acts” be removed.

2.	Her reenlistment eligibility (RE) code be upgraded.
3.	Her rank of E-4 (senior airman) be restored.
Examiner’s Note: The applicant has been informed that her rank listed on her DD Form 214 at the time of her discharge from active duty on 1 Mar 89 was E-4.

APPLICANT CONTENDS THAT:
She was intimidated and coerced into confessing to homosexual acts. She was threatened and told to confess or she would be sent to the United States Military Detention Center at Fort Leavenworth. She would like to clear her name and restore her benefits/privileges as a veteran.

In support of her request, applicant provided a personal statement and a copy of her DD Form 214.

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

STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 8 Sep 86, and was progressively promoted to the grade of senior airman.

On 14 Feb 89, the squadron commander notified the applicant he was recommending she be discharged from the Air Force for homosexual acts. The specific reason for this action was the applicant admitted to committing an indecent act by engaging in oral sex with a person of the same sex, and wrongfully engaged in mutual kissing with a person of the same sex.  The commander

recommended a general discharge. The applicant acknowledged receipt of the discharge notification, and after consulting with counsel, offered a conditional waiver of her rights associated with an administrative discharge board hearing contingent upon her receipt of no less than an honorable discharge, and submitted a statement in her own behalf. The staff judge advocate found the case legally sufficient to support discharge and the discharge authority approved the discharge.

The applicant was discharged under the provisions of AFR 39-10, for Homosexuality, and received an honorable discharge. She served on active duty for a period of two years, five months, and three days.

AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. She provided no facts warranting a change to her separation code and narrative reason for discharge. Based on the documentation on file in the master personnel 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 complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial. DPSOA states a review of the applicant’s records and documentation provided did not reveal any errors or injustice. Additionally, RE code 2C is the correct RE code for involuntary discharge with an honorable character of service.

The complete DPSOA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 Jan 09, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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.
1.	
3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission it is the opinion of the Board majority that favorable action is not warranted. The applicant’s discharge appears to be in compliance with the governing regulation and the majority of the Board found no evidence to indicate that her separation was inappropriate. The applicant has provided no evidence that her narrative reason for discharge and RE code are in error or contrary to the prevailing regulation. Therefore, in the absence of evidence to the contrary, the Board majority found no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

The following members of the Board considered Docket Number BC-2008-03094 in Executive Session on 24 March 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
By a majority vote, the members voted to deny the request. ----- voted to partially correct the record and did not desire to submit a minority report. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 30 Jul 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSOS, dated 4 Nov 08.
Exhibit D.	Letter, AFPC/DPSOA, dated 6 Nov 08. Exhibit E.	Letter, SAF/MRBR, dated 9 Jan 09.

Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXXXXXXX

I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided substantial evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.
Please advise the applicant accordingly.

Director
Air Force Review Boards Agency