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AF | BCMR | CY2004 | BC-2004-02381
Original file (BC-2004-02381.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02381
            INDEX CODE:  110.00

            COUNSEL:  None

            HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to allow him  to
reenlist into military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

This was his first time away from home and he was  young,  scared  and
unprepared for military service.  Although he is  not  homosexual,  he
opted through youthful indiscretion  to  seek  a  discharge  on  those
grounds.  He made a foolish mistake.  He has now matured and  is  more
responsible.  He did not realize the full consequences of his actions.
 He now wishes to serve honorably.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 October 1996, the applicant enlisted in  the  Regular  Air  Force
(RegAF) as an airman basic for a period of four years.

The applicant was notified on  21  October  1996  that  he  was  being
recommended for discharge for homosexual admission.   The  reason  for
this action was the applicant made a statement that  he  was  bisexual
and requested to be  discharged  from  the  Air  Force  based  on  his
homosexual admission.

The commander advised the applicant of  his  right  to  consult  legal
counsel and to present his case to an administrative  discharge  board
and that legal counsel had been obtained to assist him; and to  submit
statements in  his  own  behalf,  or  waive  the  above  rights  after
consulting with counsel.

The commander indicated in her  recommendation  for  discharge  action
that if her recommendation was approved,  the  applicant's  separation
would be characterized as entry-level.

On 28 October 1996,  after  consulting  with  counsel,  the  applicant
waived his right to a discharge board and to submit a statement.

A legal review was conducted on 28 May 1996 in which the  staff  judge
advocate (SJA) recommended the applicant be discharged with an  entry-
level separation.

On 30 October 1996, the discharge authority approved  the  applicant’s
entry-level separation.

The applicant was discharged on 31 October 1996, with  an  entry-level
separation for homosexual admission.  He  served  23  days  of  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states the Department of Defense (DOD) determined  that,
if a member served less than 180 days of continuous active service, he
would  receive  an  entry-level   separation/uncharacterized   service
characterization when separation was  initiated.   The  separation  is
uncharacterized because it would be  unfair  to  the  member  and  the
service to try  and  characterize  the  limited  time  served.   DPPRS
further states  the  discharge  was  consistent  with  procedural  and
substantive requirements of the discharge  regulation.   They  further
state the applicant has not submitted any evidence nor identified  any
errors or injustices that occurred in the processing of his discharge.
 Based upon the documentation in the applicant's  file,  they  believe
his discharge was  consistent  with  the  procedural  and  substantive
requirements of the discharge regulations.  Also,  the  discharge  was
within the sound discretion of the discharge authority.  Nor,  has  he
provided any facts to  warrant  a  change  in  the  character  of  his
discharge or his reenlistment eligibility code.  Based on the evidence
provided they recommend the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
13 August 2004, for review and response.  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 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 injustice or  error.   After  careful
consideration of the circumstances of  this  case  and  the  evidence
provided by the applicant, we are not persuaded his request  to  have
his discharge upgraded is warranted.  In this respect, the  discharge
the  applicant  received  indicates  an  uncharacterized  entry-level
separation for serving less than six months of service which would be
appropriate considering that the applicant served 23 days  of  active
military service.  Based on  the  documentation  in  the  applicant's
records,  it  appears  the  processing  of  the  discharge  and   the
characterization of the discharge were appropriate  and  accomplished
in accordance with Air Force policy.  Therefore, in  the  absence  of
evidence to the contrary, we find no compelling  basis  to  recommend
favorable action on his request to have his discharge upgrade.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2004-02381  in  Executive  Session  on  21  October  2004,  under  the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Deborah A. Erickson, Member
                       Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 26 Jul 04.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 10 Aug 04.
      Exhibit D. Letter, SAF/MRBR, dated 13 Aug 04.




                       RICHARD A. PETERSON
                       Panel Chair

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