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AF | BCMR | CY2004 | BC-2004-00545
Original file (BC-2004-00545.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00545
            INDEX CODE:  100.3, 100.06

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to allow  enlistment
in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for stating he was a homosexual.  At  that  time  he
thought he was but now believes that condition no longer  exists.   He
is married with a son and definitely  does  not  have  any  homosexual
tendencies.

In support of his request, applicant provided a personal statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 October 1996,  in
the grade of airman basic.  On 21  October  1996,  the  applicant  was
notified by his commander he was recommending that  he  be  discharged
from the Air Force under the provisions of AFI 36-3208, Administrative
Separation of  Airmen,  (entry-level  homosexual  admission),  with  a
uncharacterized entry-level separation.  The basis for the action  was
the applicant made a statement to the fact that he  was  bisexual  and
requested to be  discharged  from  the  Air  Force  on  the  basis  of
homosexual conduct.  He did not waive his right to  military  counsel,
but indicated he did not  intend  to  submit  statements  in  his  own
behalf.  The case was reviewed on 22 October 1996, by  legal  services
and found to be legally  sufficient  to  support  discharge.   He  was
separated  from  the  Air  Force  on   25   October   1996   with   an
uncharacterized entry-level separation and issued an  RE  code  of  2C
“Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of service”.  He served 24 days on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, that office believes  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The applicant did not submit any new evidence or identify  any  errors
or injustices that occurred in  the  discharge  processing.   He  also
provided no facts warranting a change to the character of service or a
change to his RE code.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he is not homosexual in any way and never has been in
anyway shape or form.  He was not prepared mentally for basic training
at that point in his life and opted for  an  easy  way  out.   He  now
realizes that it was a mistake.   He  believes  that  he  can  make  a
positive impact for the Air Force if given the opportunity.   He  asks
for a chance to right the wrong for his country and himself.   Whether
it is from an RE code change to  allow  for  reenlistment,  or  for  a
waiver signed and granted to allow for reenlistment, he is willing  to
do whatever testing is required by the Board to believe him  and  give
him a chance.

His complete submission 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 an error or injustice in regard to his  request  that
his reenlistment eligibility (RE) code be changed.  After  a  thorough
review of the documentation provided and the evidence of  record,  the
Board is of the opinion that given the circumstances  surrounding  his
separation from the Air Force, the RE code assigned to  the  applicant
was  proper  and  in  compliance  with  the  appropriate   directives.
Applicant has not provided any evidence, which would lead the Board to
believe otherwise.  Therefore, in  the  absence  of  evidence  to  the
contrary, the Board finds no compelling basis to recommend a change in
his RE code.

4.  However, should the applicant wish to pursue a waivable  RE  code,
he should submit a sworn  personal  statement  and  several  character
references attesting to his suitability for military life.  The  Board
would consider such new evidence, but  cannot  guarantee  a  favorable
review.  Further, should a waivable RE code be granted, it would  only
assure applicant of consideration, not acceptance into the military.

_________________________________________________________________


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.
Such new evidence may include a sworn personal statement  and  several
character references attesting to his suitability for military life.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-00545 in Executive Session on 25 May 2004, under  the  provisions
of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. James E. Short, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, Applicant, dated 22 Mar 04.




                                   ROBERT S. BOYD
                                   Panel Chair

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