RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02132 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her uncharacterized service, as reflected on her DD Form 214, Certificate of Release or Discharge from Active Duty, be 
changed. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The “Uncharacterized” service is unjust. 

 

The applicant's complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty in the Regular Air Force on 
19 Jan 88. 

 

On 25 Jan 88, the applicant admitted to concealment of 
homosexual acts prior to enlistment. 

 

On 1 Feb 88, the applicant’s commander notified her that he 
intended to recommend her discharge from the Air Force for 
fraudulent entry. The basis for the proposed action was the 
applicant intentionally concealed at the time of her 
enlistment, involvement with pre-service homosexual activity 
which, if revealed, could have resulted in rejection of her 
enlistment. Specifically: 

 

 1. On 16 Jan 87, in Item 36(c) of her DD Form 1966, Record of Military Processing, she indicated she was not a 
homosexual or bisexual. On 19 Jan 88, she certified that same 
information was correct. 

 

 2. On 25 Jan 88, she submitted a sworn statement that she 
had engaged in pre-service homosexual acts. 

 

On 3 Feb 88, the applicant’s commander recommended she be 
discharged. The applicant acknowledged receipt of the 


notification letter, her right to legal counsel, and waived her 
right to a hearing before an administrative discharge board and 
to submit statements on her own behalf. 

 

On 8 Feb 88, the case was determined to be legally sufficient 
and the discharge authority directed the applicant be furnished 
an entry-level separation. 

 

On 11 Feb 88, the applicant was furnished an entry-level 
separation with uncharacterized service for Defective 
Enlistment—Fraudulent Entry. 

 

Airmen are given entry-level separation with uncharacterized 
service when separation is initiated in the first 180 days of 
continuous active service. The Department of Defense (DoD) 
determined it would be unfair to the member and the service to 
characterize a member’s limited service when separation is 
initiated within the first 180 days of active service. 

 

On 20 Sep 11, the law commonly known as "Don't Ask, Don't Tell" 
(DADT), 10 USC 654, was repealed. The Department of Defense 
subsequently issued guidance indicating that Service Discharge 
Review Boards (DRB) should normally grant requests to change the 
narrative reason for a discharge, requests to re-characterize 
the discharge to honorable, and/or requests to change the 
reentry code when both of the following conditions were met: 
(1) the original discharge was based solely on DADT or a similar 
policy in place prior to enactment of DADT, and (2) there were 
no aggravating factors in the record, such as misconduct. 

 

________________________________________________________________ 

 

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. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we are not convinced the 
applicant’s uncharacterized service represents an injustice. In 
this respect, we note that by Department of Defense (DoD) policy 
Airmen are given entry-level separation with uncharacterized 
service when separation is initiated in the first 180 days of 
continuous active service, regardless of the basis for the 
action. While it is clear the applicant’s homosexual admission 
precipitated her entry-level separation, the fact remains that 
her service was uncharacterized due to the duration of said 
service, not because of her homosexual admission. Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 


 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2012-02132 in Executive Session on 10 Oct 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 Apr 12, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 

 Panel Chair