RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00249 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

Her Reentry (RE) code of 2C (involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service) be upgraded. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

The record is now inaccurate because her lifestyle has changed 
and her primary concern, for the last 10 years has been to 
retrain and pursue higher goals. She has been pursuing a 
Master’s degree in Family and Consumer Sciences to achieve her 
life’s goal to include designing a program that will encourage 
marriage and rebuild families and communities. 

 

In support of her appeal, the applicant provides a personal 
statement, and a copy of her resume. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant's commander notified her, on 13 Jan 94, that he 
was recommending her for discharge from the Air Force for 
homosexuality. The commander recommended the applicant receive 
an honorable discharge based on the fact that the applicant made 
a statement that she was a homosexual. The applicant 
acknowledged receipt of the notification of discharge and was 
informed she could consult with legal counsel and submit 
statements in her own behalf. On 5 Jan 94, the applicant 
submitted a statement that compelled her to express her 
inability to comply with the Air Force principles. The base 
legal office reviewed the case and found it legally sufficient 
to support discharge. The base discharge authority accepted the 
applicant's waiver and directed the applicant be discharged with 
an honorable discharge without probation and rehabilitation. 

 


The applicant was honorably discharged, on 3 Feb 94, under the 
provisions of AFR 39-10, with a reason for separation of 
homosexual admission. She was credited with 4 months and 
11 days of active service. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSOA recommends denial, stating, in part, the applicant 
has not provided any proof of an error or injustice and a change 
of RE code for entry in the military is not needed due to change 
of policy. Additionally, the RE code of 2C is driven by the 
involuntary discharge with honorable character of service and is 
not associated with the applicant’s narrative reason for 
separation of “Homosexual Admission.” 

 

The complete AFPC/DPSOA evaluation is at Exhibit C. 

 

AFPC/DPSOS recommends denial, stating, in part, 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 or 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. 

 

Homosexual conduct is grounds for separation from the military 
service under the terms set forth by AFR 39-10, paragraph 5.35. 
Homosexual conduct includes homosexual acts, a statement by a 
member that demonstrates a propensity or intent to engage in 
homosexual acts, or a homosexual marriage or attempted marriage. 
The applicant's discharge from the Air Force for Homosexuality 
was legally sufficient based on current policy. The applicant's 
narrative reason for separation is the appropriate reason for 
discharge. However, pending policy changes may change the 
applicants reenlistment eligibility once implemented. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Jun 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(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 error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force offices of primary responsibility (OPRs) and 
adopt their rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. in 
addition, the OPRs has indicated that based on current policies, 
the applicant’s discharge for homosexuality was legally 
sufficient and no change to the RE code is required at this 
time; however, as new pending policy governing this issue is 
about to change, once the new policy is implemented and new 
guidance is received, the Board may be inclined to reconsider 
this appeal. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application at this time. 

 

________________________________________________________________ 

 

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-2011-00249 in Executive Session on 16 August 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Jan 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOA, dated 18 May 11. 

 Exhibit D. Letter, AFPC/DPSOS, dated 2 Jun 11. 

 Exhibit E. Letter, SAF/MRBR, dated 17 Jun 11. 

 

 

 

 

 Panel Chair