RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00251
		COUNSEL:  NONE
		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

1. His 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service) reentry code (RE) be changed to allow him to reenter the military.

2. His narrative reason for separation be changed.

3. His “HRB” (homosexual conduct (statement)) separation code be changed.

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APPLICANT CONTENDS THAT:

He believes the consequences of his actions were not thoroughly explained to him.

The applicant does not provide any supporting documentation.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 27 may 1998.  On 5 June 1998, the applicant submitted a personal statement admitting his sexual tendencies and requested to be discharged from the Air Force.  On 11 June 1998, the applicant’s commander recommended him for discharge for homosexual conduct.  On 12 June 1998, the applicant was counseled by the area defense council (ADC) and waived his right to a hearing and to submit a statement on his own behalf.  The applicant was discharged with an entry-level separation in the grade of airman first class (E-3) on 18 June 1998.  He served on active duty for 22 days.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states the applicant did not file his request in a timely manner.  The applicant is requesting consideration in the interest of justice and because his records were lost in a fire two months after he separated from the Air Force; he recently received a copy of his records.  DPSOS also states the applicant consulted with the ADC and was fully aware of the consequences of his statement.  His discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discharge authority’s discretion.

The complete DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA states they determined the discharge authority appropriately administered the applicant’s discharge.  Even if the separation code was changed, the 2C RE code would not change based on the applicant only serving on active duty for 22 days.  The 2C RE code is the only authorized code for an entry-level separation with an uncharacterized character of service.

The complete DPSOA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 15 May 2009 for review and comment within 30 days.  As of this date, this office has received no response.

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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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  


Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00251 in Executive Session on 25 June 2009, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 January 2009.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 7 April 2009.
    Exhibit D.  Letter, AFPC/DPSOA, dated 30 April 2009.
    Exhibit E.  Letter, SAF/MRBR, dated 15 May 2009.




                                   
                                   Panel Chair