RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01994
            INDEX CODE:  110.00 (Case 02)

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 DECEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The narrative reason for separation  be  changed  from  homosexual
admission to Secretarial Authority.

2.  Her reenlistment eligibility (RE) code of 2C be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was evidence that  wasn’t  presented  to  JAG  that  the  victim
withheld and the evidence was deleted without the first  sergeant  and
commander doing an investigation.  The victim received emails from her
ex-husband stating that he was emailing her claiming to be hitting  on
her and wanting her out of the military so that he could  get  custody
of the children.  First Sergeant D--- D--- knew  about  this  evidence
and didn’t take this evidence to the JAG office and now she can’t  get
in contact with JAG herself to let them know about this evidence.

Applicant does not provide any documentation in support of the appeal.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 January 1996  for  a
period of six years.  Her highest grade held was staff sergeant.   She
received  eight  Enlisted  Performance  Reports  (EPRs)   closing   17
September 1997, 14 July 1998,  30  April  1999,  19 December  1999,  9
October 2000, 12 March 2001, 12 March 2002, and 12 March 2003 in which
the overall evaluations were “3,” “4,” “5,” “5,” “4,”  “5,”  “5,”  and
“2.”

On 5  May  2003,  applicant’s  commander  notified  her  that  he  was
recommending discharge from the Air Force for homosexual conduct.  The
reasons for this action are as follows:  (1) Between on  or  about  27
August 2002 and 30 December 2002 she made statements to Airman J--- L.
K--- that she was bisexual.  Additionally, she  attempted  to  solicit
Airman K---, her subordinate, to wit:  she stated, “If I  told  you  I
was interested in you, what would you think,” or words to that effect,
and she asked Airman K--- on more than one occasion to go out with her
after work or to go to her house.  At the time of these  solicitations
applicant was a non-commissioned  officer  and  her  conduct  violated
customary military superior-subordinate relationships.  (2) Between on
or about 27 August and 30 December 2002 she made statements to  Airman
First Class (A1C) B--- W--- that she was bisexual, to wit:  by  asking
A1C W--- if he knew any females that liked women, and by telling A1C W-
--, after showing him a picture of a female on the internet, that  she
had sexual relations  with  the  woman  depicted.   In  addition,  the
commander provided the  following  information  for  consideration  in
characterizing the applicant’s discharge:  (1) On 16 January 2002, she
received  a  letter  of  counseling  for  sending  an  e-mail   to   a
commissioned officer that was disrespectful and  unprofessional.   (2)
On 5 December 2002, she received a letter of reprimand for failing  to
report to her appointed place of duty on 4 December 2002.  (3)  On  27
January 2003, she received  an  Article  15  for  wrongful  use  of  a
government-provided computer to access and display offensive  material
and  for  the  maltreatment  of  Airman  K---  for  repeatedly  making
offensive comments  and  gestures  of  a  sexual  nature.   Punishment
consisted of reduction to the grade of senior airman.

The applicant acknowledged receipt of the  notification  of  discharge
and after consulting with legal counsel  requested  a  waiver  of  her
rights to an administrative discharge board contingent upon receipt of
no less than an honorable discharge.  The base legal  office  reviewed
the case file and found it legally sufficient to support the discharge
and recommended acceptance of applicant’s conditional waiver and  that
she receive  an  honorable  discharge  for  homosexual  conduct.   The
discharge authority accepted the conditional waiver and directed  that
applicant be discharged with an honorable discharge without  probation
and rehabilitation.

The applicant was separated from the Air Force on 15 August 2003 under
the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(homosexual admission), with an honorable discharge.  She had served 7
years, 6 months and 28 days on active duty.  She received an  RE  code
of “2C.”   RE  code  2C  indicates  involuntarily  separated  with  an
honorable   discharge;   or    entry    level    separation    without
characterization of service.

On 27 May 2004, the applicant’s request that the narrative reason  for
her separation be changed from  homosexual  admission  to  Secretarial
Authority was considered  and  denied  by  the  Air  Force  Board  for
Correction of Military Records.  See  the  Record  of  Proceedings  at
Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS states, based on the documentation on file  in  the  master
personnel records, the discharge was consistent  with  the  procedural
and  substantive  requirements  of  the  discharge  regulation.    The
discharge was  within  the  discretion  of  the  discharge  authority.
Therefore, they recommend denial of applicant’s request.

Complete copies of the evaluations are at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 July 2005, copies of the Air Force evaluations were forwarded  to
the applicant for review and response within  30  days.   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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  In  an  earlier  review  of  the
applicant’s request for a change to the reason for her separation, the
Board found the applicant provided no evidence showing the information
in her discharge case file was erroneous, her substantial rights  were
violated, or her commanders abused their discretionary authority.   We
have reviewed the applicant’s most recent request for  similar  relief
with an additional request for a change to her RE  code  and  find  no
basis to overturn the  above-cited  findings  in  her  case.   In  the
absence of any evidence by the applicant  showing  her  discharge  was
erroneous in any way or unjust, we have no basis to change the  reason
for her separation or the RE  code  she  received  based  on  the  her
involuntary discharge.

_________________________________________________________________

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 8 September 2005, under the provisions of AFI 36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Terry L. Scott, Member
                       Ms. Cheryl V. Jacobson, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-01994 was considered:

      Exhibit A. DD Form 149, dated 15 Jun 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letters, AFPC/DPPRS, dated 17 Mar 04 & 6 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 8 Jul 05.




                             MICHAEL J. NOVEL
                             Panel Chair