RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-02911
            INDEX CODE 100.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reason for  disenrollment  from  the  Air  Force  Reserve  Officer
Training Corps (AFROTC)  be  changed  to  “Cadet  is  disenrolling  on
grounds of his homosexuality and the military’s current stance on  the
issue.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he joined AFROTC he did not  fully  realize  he  was  homosexual;
later he knew that he was and he could not continue  with  the  AFROTC
under the current military policy. However, at the  time  the   AFROTC
was known to contact parents regarding a cadet’s sexual orientation if
that was listed as the reason for dismissal or disenrollment. Since he
did not want strangers to divulge this information to his conservative
family and religious organization, he gave an alternative  reason  for
disenrollment. He has since “come out” to all of his immediate  family
and is no longer affiliated with his former church.

The applicant  provides  statements  from  his  sister  and  a  friend
attesting to his sexual orientation, as well as  documents  pertaining
to his disenrollment and character contacts. His complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant signed an AFROTC contract, AF Form 1056, on 17  Aug  87.
Reserve Order 12, dated 21 Sep 87, indicates the applicant enlisted as
a Reservist for eight years on 18 Sep 87. On 21 Sep 87, he was awarded
an AFROTC Scholarship  at  Rensselaer  Polytechnic  Institute  with  a
projected graduation date in May 93. On 13  May  89,  the  applicant’s
scholarship entitlements were inactivated when  he  was  authorized  a
period of nonattendance (PNA) to serve as a missionary for the  Church
of Jesus Christ of Latter Day Saints.

The applicant’s scholarship entitlements were  reactivated  on  16 Sep
91.  On 19 Nov 91, he signed an addendum to the AFROTC contract, which
stated in part that he understood that homosexuality  is  incompatible
with military service and that if he was disenrolled from  the  AFROTC
program at any time because of homosexuality he might be  required  to
repay all scholarship monies expended on his behalf.

On 22 May 92, the applicant informed the detachment commander  of  his
intent to disenroll from the AFROTC due  to  his  interest  in  boron-
neutron capture therapy (BNCT) for brain tumors, which would  probably
be outside of Air Force professional scope.

Disenrollment action was initiated on 8 Jun 92 based  on  anticipatory
breach of the AFROTC  contract.  An  investigative  officer  (IO)  was
appointed.

On 26 Jun 92, the applicant indicated on AFROTC Form 109 that he would
neither continue AFROTC training nor accept a commission because of  a
desire to pursue a career in medical/health physics that  was  outside
the Air Force’s professional scope. He  also  indicated  that  he  had
reviewed his contractual obligations to the Air Force as stipulated in
his AF Form 1056.

On 17 Jul 92, the IO  contacted  the  applicant  with  regard  to  his
reasons for disenrollment. He also advised the applicant  that,  as  a
result of this investigation, he  might  be  involuntarily  called  to
active duty in his enlisted grade  or  be  subject  to  recoupment  of
scholarship monies. The applicant indicated he understood and did  not
need to change his reasons for disenrolling.

DD Form 785,  Record  of  Disenrollment  From  Officer  Candidate-Type
Training, dated 24 Jul 92, reflects the applicant would be disenrolled
effective 14 Aug 92.  The indicated reason for disenrollment was  that
the applicant wanted to pursue a career in the medical/health  physics
field and  would  not  continue  with  AFROTC  training  or  accept  a
commission.

AFROTC Form 22, dated 5 Aug 92, indicated that recoupment action would
be initiated and the applicant would  not  be  called  to  involuntary
extended active duty. His disenrollment was effective 14 Aug 92.

On 20 Jul 95, the applicant wrote to HQ  AFROTC/RRFD  to  clarify  his
reasons for disenrolling and inform them of his sexual orientation. He
indicated he did not divulge the real reason for his disenrollment  to
the IO because he did not want the military advising his  family  that
he was being disenrolled for homosexuality.

HQ AFROTC/RRFD advised the applicant by letter dated 25 Jul  95  that,
while his letter was included in his disenrollment case file,  it  did
not change the reason for  his  disenrollment  or  their  decision  to
recoup scholarship benefits. On 3 Aug 95,  the  applicant  wrote  back
that he was dissatisfied with their response and requested a  copy  of
his file. Records were sent to the applicant on 20 Feb  96  under  the
provisions of the 1974 Privacy Act.

On 22 Feb 96,  the  applicant  again  requested  that  HQ  AFROTC/RRFD
reevaluate the recoupment action since  he  wanted  his  disenrollment
reason to be changed to refer to his sexual orientation.  He  asserted
that if the Air Force had not had a discriminatory  policy  in  effect
during his ROTC training, he would have continued with the program and
that it was only because of the ban on gays in the  military  that  he
was forced to leave. He believed recoupment action was not justified.

On 8 Apr 96, the AFROTC Vice Commander advised the applicant that  his
case file had been thoroughly reviewed. However, his decision to  come
forward with this issue  almost  four  years  later  was  insufficient
grounds  for  a  change  in  their  decision  for  disenrollment   and
recoupment action. The applicant was referred to the AFBCMR.

_________________________________________________________________

AIR FORCE EVALUATION:

[The AFOATS/JA advisory has incorrectly numbered paragraphs on page 3;
however, there are no “missing” paragraphs.   Pursuant  to  an  AFBCMR
Staff inquiry, the advisory author confirmed by email that these  were
typographical errors, i.e., Para. 5.c. should  be  Para.  5.b.,  Para.
5.d. should be 5.c., and the Conclusion and Recommendation  paragraphs
should be numbered 6 and 7, respectively.]

AFOATS/JA states that there has never been an AFROTC policy to  inform
parents of their child’s sexual orientation.  No personal  information
of any kind is released to the cadet’s parents (or anyone else without
an  official  interest)  without  the  permission  of  the  cadet,  in
accordance with the Privacy Act and AFROTC policy.  Even if he  wasn’t
sure of the current policy at the time, he could have used the  proper
channels to clarify the policy. Whatever  his  reason  for  apparently
lying to the IO, it does not change the fact that  AFROTC  disenrolled
him because he refused to continue in the program (not because he  may
have been a homosexual). Additionally, it is unclear what  his  motive
is to change his  record.  Even  if  changed  to  reflect  his  sexual
orientation instead of career preference, the recoupment action  would
stand.  The addendum to his contract that he signed in 1999  makes  it
clear that if he were to be disenrolled for homosexuality, he might be
subject to recoupment.  The appeal is untimely and should be denied on
its merits. If the Board elects to grant, the old DD Form  785  should
not be rescinded but amended as indicated in their advisory opinion.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  argues  that  information  regarding  the  reason  for
disenrollment was often disclosed during  DOD  scholarship  recoupment
efforts. His privacy concerns were clearly justified considering DOD’s
“witch-hunt” against homosexuals prior  to  the  current  “don’t  ask,
don’t tell” policy. He’s not aware of  what  “proper  channels”  could
have been used to discover if  a  disclosure  of  homosexuality  would
remain private. His motive is to document  in  military  records  that
another individual with much to offer was forced to resign  from  ROTC
because of DOD policy regarding homosexuality. The question of whether
recoupment actions stand is irrelevant. What is  unclear  is  why  the
military is reticent to acknowledge that  its  policy  on  homosexuals
forced him to withdraw from AFROTC. None of his  character  references
provided to the Air Force have ever been contacted.  The  Air  Force’s
suggested correction if the case is granted simply acknowledges that a
request for change was made. It dilutes the power  of  the  Board  and
fails to “correct” the record. Either  he  left  because  of  the  DOD
policy against homosexuals or he did not. His requested change  should
be granted.

A complete copy of applicant’s response is at Exhibit E.

_________________________________________________________________

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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded his reason for  disenrollment  from  the  AFROTC  should  be
changed as requested. The  applicant’s  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. The applicant indicated he was disenrolling in order to  pursue
a different career. Apparently with no basis to  question  the  reason
for his request, it was approved and he was disenrolled.  Whatever his
reason was for apparently not being truthful with the IO, it does  not
change the fact that he was disenrolled because he refused to continue
in the program and was subject to recoupment action. He has not  shown
that an AFROTC policy existed which would  have  revealed  his  sexual
orientation to his parents or  that  he  was  forced  to  resign  from
AFROTC. We therefore agree with the recommendations of the  Air  Force
and adopt the rationale expressed as the basis for our  decision  that
the applicant has failed to sustain  his  burden  of  having  suffered
either an error or an injustice. In  view  of  the  above  and  absent
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

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 6 Mar 03 under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Sparks, Panel Chair
                 Ms. Nancy Wells Drury, Member
                 Mr. Robert H. Altman, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02911 was considered:

   Exhibit A.  DD Form 149, dated 10 Sep 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFOATS/JA, dated 21 Oct 02.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
   Exhibit E.  Letter, Applicant, dated 14 Nov 02.




                                   CATHLYNN B. SPARKS
                                   Panel Chair