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AF | BCMR | CY2002 | 0200155
Original file (0200155.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00155
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code and narrative reason be  changed  to  “JFF  –Secretarial
Authority” and his Reenlistment (RE) Code be changed to “3K.”
_________________________________________________________________

APPLICANT CONTENDS THAT:

The recruiter assured  him  and  his  father  that  once  he  was  in  basic
training, he would be able to secure the specific job he wanted.   He  would
not have enlisted in the Air Force if not  for  the  guarantee  he  received
from the recruiter.   The  recruiter  misled  and  lied  to  him.   He  felt
infuriated, depressed, and shocked.  Because of this, he took  a  course  of
action  that  compromised  his  integrity  and  honor.   He  made  a  verbal
statement that he was a homosexual.  He was under great  mental  stress  and
felt there was no other way out of his contract.  He is not, never has  been
nor will be a homosexual.  He wants to reenlist and serve his  country  with
honor and integrity.  He hopes that the injustice that  was  done  unto  him
will be found and he be allowed to right this wrong in his life.

In support of his request, he submits a personal statement, and a letter  of
support from his father.   His complete submission, with attachments, is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  in
the grade of airman first class (E-3) on 17 June 1998.  At the time  of  his
enlistment in the Regular Air Force, he signed an AF Form  3005,  Guaranteed
Aptitude Enlistment Agreement,  in  which  it  was  indicated  that  he  was
guaranteed  classification  into  an  Air  Force  Specialty  (AFS)  in   the
“General” Aptitude Area (AA) without promise of a  specific  specialty.   By
his signature on this form, the  applicant  acknowledged  his  understanding
that his classification could be in any under of AFS’s but that he would  be
classified within his guaranteed AA.  He was further advised  that  although
his preferences would be considered, his specific AFS  classification  would
be based on the specialties available at the time of his classification  and
the needs of  the  Air  Force.   The  applicant  acknowledged,  among  other
things, that he could be classified into any AFS within  his  guaranteed  AA
he was fully qualified for whether or not it was one of his preferences  and
that the needs of the Air Force  came  first.   The  applicant  subsequently
entered Basic Military Training (BMT).

During his first week of training, the applicant approached his  team  chief
with a personal problem.  On 22 June 1998, he signed a statement  indicating
he was a homosexual and he requested he be discharged  from  the  Air  Force
for homosexual conduct.  Discharge  proceedings  were  thereafter  initiated
against the applicant and, having been counseled, the applicant  waived  all
his rights associated with the discharge proceedings.  On 29 June 1998,  the
discharge authority approved the recommended separation  and  the  applicant
was involuntarily separated from active duty with an Entry Level  Separation
on 1 July 1998 for “homosexual admission.”  An RE 2C was assigned.   He  had
served 15 days of active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  the  application  be  denied.   DPPRS   states   the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  DPPRS states  that  airmen  are  given  entry-
level separation/uncharacterized service  characterization  when  separation
is initiated in the first 180 days  of  continuous  active  service.   DPPRS
states that the Department of Defense determined if  a  member  served  less
than 180 days continuous active service it would be  unfair  to  the  member
and  the  service  to  characterize  their  limited  service.    The   DPPRS
evaluation is at Exhibit C.

AFPC/DPPAE  states  that  RE  code  2C,  “Involuntarily  separated  with  an
honorable discharge; or entry level separation without  characterization  of
service” is correct.  The DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  21
June 2002 for review and  response.   As  of  this  date,  this  office  has
received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

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 applicant’s submission, we are not persuaded that he has  been
the victim of either an error or an injustice.   His  contentions  are  duly
noted; however, we do not find  these  assertions,  in  and  by  themselves,
sufficiently persuasive to  override  the  rationale  provided  by  the  Air
Force.  We agree with the recommendations of the Air Force and  adopt  their
rationale expressed as the basis for our decision  that  the  applicant  has
failed to sustain his burden  that  he  has  suffered  either  an  error  or
injustice.  Therefore, we find no basis to  recommend  granting  the  relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance; and the that 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 this application in  Executive
Session on 21 August 2002, under the provisions of AFI 36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 January 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 28 February 2002.
     Exhibit D.  Letter, AFPC/DPPAE, dated 12 June 2002.
     Exhibit E.  Letter, SAF/MRBR, dated 21 June 2002.



                                  LAWRENCE R. LEEHY
                                  Panel Chair

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