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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