RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03328 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her uncharacterized entry level separation be changed to an honorable or general (under honorable conditions) discharge. 2. Her narrative reason for separation of “Homosexual Conduct” be changed to “Medical or Temporary Disability.” _________________________________________________________________ APPLICANT CONTENDS THAT: She was under severe mental and emotional stress due to an assault she experienced while in the service. She knew she could not survive emotionally if she remained in the service and felt the only way to remove herself from the unbearable situation was to do or say something in order to be discharged. She suffered an assault that was of a sexual and physical nature, and after the assault, began to experience mental health issues. She attempted to obtain help through her command and the base Chaplain, and both advised her of her rights through a complaint process; however, neither took action nor followed through to get her the necessary medical and mental health assistance. Out of desperation she agreed to an administrative discharge as a means of escape and because she did not receive the proper care required after a sexual assault. The applicant states she made the homosexual statement so that she could be discharged from the Air Force. In support of her request, the applicant provides a two-page counsel’s brief, copies of her DD Form 214, Certificate of Release or Discharge from Active Duty, several DVA documents, and documents pertaining to her congressional inquiry. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 Aug 02, the applicant entered active duty in the Regular Air Force. On 31 Dec 02, the applicant authored a letter addressed “To Whom it May Concern” in which she makes it known that she was “requesting an entry-level separation” because she “cannot adapt to the military lifestyle.” She states she twice contacted the Chaplain who reportedly recommended she “take some antidepressants” followed by a recommendation to see her Military Training Leader (MTL); who reportedly gave her the “cold shoulder” (reportedly telling her to “suck it up and move on”). The applicant was then reportedly given “5” options which she considered were “unacceptable.” They included: pregnancy; serve 6 years, reclassification, Article 15s, insanity or suicidal intentions. The applicant listed the “reasons” for her request. Among these were “sexual harassment” (not sexual assault), depression, threats on her life, and changes in her personality, among others. On 9 Jan 03, the applicant authored a letter in which she legibly admitted “throughout my life, I’ve always had homosexual tendencies and thought I might be able to control them and serve in the military. However, I cannot overcome nor hide the fact that I am still homosexual.” On 29 Jan 03, the commander reviewed her statement, and after “lengthy discussions” with his Superintendent and acting First Sergeant, as well as the applicant’s Military Training Leaders (MTLs) did not believe it was made for the purpose of avoiding further military service. On 3 Feb 03, the applicant’s commander notified her that he was recommending her discharge from the Air Force for homosexual conduct. The reason for the proposed action was on 9 Jan 03, the applicant disclosed that she was homosexual. On 3 Feb 03, the applicant acknowledged receipt of the notification of discharge, and after consulting with legal counsel, waived her right to a hearing before an administrative discharge board, and to submit statements in her own behalf. The base legal office reviewed the case and found it legally sufficient to support the basis for discharge. The legal office stated the administrative discharge was mandatory because the applicant’s statement creates a presumption that she had a propensity or intent to engage in homosexual acts and she presented no evidence to rebut this presumption. On 8 Feb 03, the discharge authority approved the separation and on 13 Feb 03, the applicant received an uncharacterized entry- level separation, by reason of homosexual conduct. She served on active duty for 5 months and 17 days. The paragraph used as the basis for separation, paragraph 5.36.2, of AFI 36-3208, Administrative Separation of Airmen, states “The member has made a statement that he or she is homosexual or bisexual, or words to that effect, unless there is a further approved finding that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.” Whether the applicant is now or ever has been a homosexual has no bearing on the basis of the applicant’s discharge. _________________________________________________________________ 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. The applicant has provided no evidence showing that her entry level separation was in error or contrary to the prevailing instruction, or that appropriate rules were not followed. Airmen are given an uncharacterized entry-level separation when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service. An uncharacterized entry-level separation should not be viewed as negative and should not be confused with other types of separations. Therefore, we find no error or injustice regarding this matter and find the applicant’s uncharacterized entry-level separation is appropriate. Therefore, in the absence of persuasive evidence to the contrary, we find no basis to recommend favorable relief regarding this request. 4. Notwithstanding the above, the majority of the Board believes some relief is warranted in this case. While the majority of the Board does not believe the evidence provided is sufficient to change her narrative reason for separation to “medical” or “temporary disability,” they do believe the narrative reason “Homosexual Conduct” should be removed and replaced with “Secretarial Authority.” In this respect, although the applicant is currently receiving compensation from the DVA, there is no evidence to reflect that she suffered a disqualifying medical condition which was or should have been the cause for the termination of her military career; as would otherwise be reflected through medical narrative, episodes of medical care, commander’s assessments, and/or profile restrictions imposed that prohibited worldwide qualification. While we do not believe her narrative reason should be changed to medical or temporary disability, the Board majority does support changing her narrative reason for separation to “Secretarial Authority.” Under our broader mandate to effect changes in records because of a potential injustice, the majority of the Board recommends the applicant’s narrative reason for separation be changed to “Secretarial Authority” with the corresponding separation code of KFF. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 13 February 2003, she received an uncharacterized entry level separation with a narrative reason for separation of “Secretarial Authority” rather than “Homosexual Conduct,” and issued a separation code of “KFF” rather than “HRB.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03328 in Executive Session on 11 Aug 11, under the provisions of AFI 36-2603: By a majority vote, the Board recommended partial relief. XXX voted to deny the applicant’s request and elected not to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records.