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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