RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-03122
            INDEX NUMBER: 110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  9 Apr 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for her discharge be removed  from  her  DD  Form  214,
Certificate of Release from Active Duty, and her pay grade be  reflected  as
staff sergeant (E-5).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The reason for her discharge is in error since her guilt  of  committing  an
indecent act was never established.   There  was  no  evidence  against  her
other  than  hearsay  and  reports  based  on  a  third  party’s   incorrect
interpretation of what they saw.  Furthermore, she was  not  court-martialed
and was honorably discharged.  Although not reflected on her  DD  Form  214,
she earned the rank of staff sergeant (E-5).

In support of the appeal,  applicant  submits  her  personal  statement  and
copies of her performance reports.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular Air Force  on  15
March 2000.  She was progressively promoted to the grade of  senior  airman,
with an effective date and date of rank  of  15  September  2002.   She  was
tentatively selected for promotion to the grade  of  staff  sergeant  during
cycle 03E5; however, on 26 May 2004, her promotion was  placed  in  withhold
status  by  her  commander  because  she  was  under   a   formal   military
investigation.  On 7 June 2004, the commander  notified  her  that  she  was
being recommended for discharge for homosexual conduct.  The basis  for  the
proposed action was that, on or about 17 May 2003, a  witness  observed  her
receiving oral sex from another woman in the  women’s  locker  room  at  the
fitness center.  The commander accepted her conditional waiver of her  right
to an administrative discharge board hearing and she received  an  honorable
discharge on 18 June 2004, under the provisions of AFI  36-3208  (Homosexual
Act) and was issued a Reenlistment Eligibility (RE) code of 1M (Eligible  to
reenlist, second-term or  career  airmen  not  considered  under  the  SRP);
however, airmen are not to be separated with this RE code.  She completed  a
total of 4 years, 3 months, and 4 days of active service and was serving  in
the grade of senior airman (E-4) at the time of discharge.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPPWB recommends the applicant’s request to correct her  rank  on  her
DD Form 214 be  denied.   AFPC/DPPPWB  states,  in  part,  that  applicant’s
commander withheld her promotion because she was  under  a  formal  military
investigation.  The duration of the withhold was from 1 June 2004 until  the
reason which necessitated the withhold action no longer existed and she  was
recommended  for  promotion.   Since  she  was  ultimately  recommended  and
approved for administrative discharge, it is  very  doubtful  her  commander
would have released the withhold and recommended her for promotion.

The AFPC/DPPPWB evaluation is at Exhibit C.

AFPC/DPPRS recommends the application be denied and  states,  in  part,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was within the sound  discretion
of the discharge authority and the  applicant  has  not  submitted  any  new
evidence or identified  any  errors  or  injustices  that  occurred  in  the
discharge processing.

The AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Applicant reviewed the evaluations and requests a hearing.

Applicant’s response is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  In this respect,  we  note  the  applicant
was tentatively selected for  promotion  to  the  grade  of  staff  sergeant
during cycle 03E5 which would have incremented on  1  June  2004.   However,
the commander  withheld  her  promotion  because  she  was  under  a  formal
military investigation.  Based  on  a  witness  statement  provided  to  the
security police that she observed the  applicant  receiving  oral  sex  from
another  female,  the  commander  also  initiated  administrative  discharge
action against the applicant.   However,  the  discharge  package  does  not
contain the statement from the witness which was provided with the  security
police report.  In addition, we have been advised by  AFOSI  that  no  files
exist  regarding  an  investigation  into  the   allegations   against   the
applicant.  In  view  of  this,  and  since  the  only  evidence  of  record
regarding the incident is the statement  rendered  to  the  security  police
from the other female that allegedly performed the sexual  act,  who  denies
that anything sexual happened, we believe sufficient doubt exists  regarding
the applicant’s guilt of the alleged offense.  In view  of  the  above,  and
noting the applicant’s otherwise honorable service, we believe it  would  be
unjust for her to continue to suffer from the  stigma  of  being  labeled  a
homosexual.  Based on the above finding, and in the absence of  evidence  of
a formal military investigation, we  also  believe  her  records  should  be
corrected to show that she was promoted  to  the  grade  of  staff  sergeant
effective and with a date of rank of 1 June 2004.  We also note that at  the
time of her discharge she was issued RE code 1M; however, airmen are not  to
be separated with this RE code.  Therefore,  we  recommend  her  records  be
corrected to the extent indicated below.  Applicant also requested award  of
the Global War on  Terrorism  Expeditionary  Medal  (GWOTEM);  however,  her
entitlement  to   the   GWOTEM   has   been   verified   and   her   records
administratively corrected.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.    She was promoted to the grade of staff sergeant (E-5)  effective
and with a date of rank of 1 June 2004.

      b.    On 18 June 2004, she was discharged under the provisions of  AFI
36-3208, paragraph 1-2, (Secretarial  Authority),  with  Separation  Program
Designator (SPD) Code JFF, and RE code 1J.

_________________________________________________________________




The following members of the Board considered  Docket  Number  BC-2004-03122
in Executive Session on 11 January and 11 April 2005, under  the  provisions
of AFI 36-2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Mr. Patrick C. Daugherty, Member
                       Mrs. Barbara R. Murray, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 3 Nov 04.
    Exhibit D.  Letter, AFPC/DPPRS, dated 16 Nov 04.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Nov 04.
    Exhibit F.  Letter, Applicant, undated.
    Exhibit G.  Letter, AFBCMR, dated 21 Dec 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair

AFBCMR BC-2004-03122




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to XXXXXXX, XXXXXXX, be corrected to show that:

            a.   She was promoted to the grade of staff sergeant (E-5)
effective and with a date of rank of 1 June 2004.

            b.   On 18 June 2004, she was discharged under the provisions
of AFI 36-3208, paragraph 1-2, (Secretarial Authority), with Separation
Program Designator (SPD) Code JFF, and RE code 1J.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency