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AF | BCMR | CY2002 | 0201154
Original file (0201154.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01154
            INDEX CODE:  110.00, 112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His narrative reason for separation be changed from homo-sexual
admission to something that would change his separation code.

2.  His reenlistment eligibility (RE) code be changed to a 1C and  his
discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during basic training.  He was transported  to  Wilford
Hall for treatment.  He told the doctor he wanted back in his  flight,
but was told by the doctor that he was not worldwide qualified and the
Air Force would kick him out without pay.  The  doctor  told  him  the
only way to get out of the  Air  Force  was  to  say  that  he  was  a
homosexual and he would be out in two days.

In support  of  the  appeal,  applicant  submits  a  letter  from  his
Congressman with 8 character references, 11 certificates and  a  Basic
Law Enforcement Training Course Final Grade Report.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in  the  Regular  Air  Force  on  6  July  1995
 in the grade of airman basic.

On 20 July 1995, applicant made a statement that he is a bisexual  and
requested to be discharged on the basis of homosexual conduct.

On 25 July 1995, the commander notified  the  applicant  that  he  was
being discharged from the Air Force with  an  entry-level  separation.
Applicant  acknowledged  the  notification  and   waived   his   board
entitlement.  On 27 July 1995, the discharge  authority  approved  him
for an entry-level separation.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
separated from the Air Force on 1 August 1995 under the provisions  of
AFI  36-3208,  Administrative  Separation   of   Airmen   (Entry-Level
Separation – Homosexual Admission), and  received  an  uncharacterized
entry-level separation.  He had served 26 days total  active  service.
He was assigned a reenlistment eligibility (RE) code of 2C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.   Additionally,  the  discharge  was  within   the   sound
discretion of the discharge authority.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPAE states that the reenlistment eligibility (RE) code  of  2C,
Involuntarily separated with an honorable discharge;  or  entry  level
separation without characterization of service, is correct.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 May 2002, copies of the Air Force evaluations were forwarded  to
applicant for review and response within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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 reviewing the evidence  of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice.  His  contentions  are
noted; however, in our opinion, the detailed comments provided by  the
appropriate Air Force offices adequately  address  those  allegations.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim of an error or  injustice.   In  the
absence of evidence to the contrary, we find no  compelling  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 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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 July 2002, under the  provisions  of  AFI  36-
2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. Albert J. Starnes, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 May 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 1 May 02.
      Exhibit D. Letter, AFPC/DPPAE, dated 20 May 02.
      Exhibit E. Letter, AFBCMR, dated 24 May 02.




                             PATRICIA D. VESTAL
                             Panel Chair

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