RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00647
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  3 JUNE 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation on his  DD  Form  214  be  changed  from
“homosexual admissions” to “failure to adapt to military life.”

________________________________________________________________

APPLICANT CONTENDS THAT:

During basic military training (BMT), he was continually singled out by  his
drill sergeant for harsh and decretory [sic] treatment, so  he  expressed  a
desire to separate from the service.  His drill  sergeant  stated  the  only
way he would be able to separate was to request separation on the  basis  of
homosexual conduct.  He did not know better, so he  followed  his  direction
and signed paperwork to that effect.  He states he is not a  homosexual,  he
has never been a homosexual, and has never engaged or  attempted  to  engage
in homosexual acts.  He tried several times over  the  past  nine  years  to
correct his DD 214.  He contacted his congressman and was sent a DD 149  and
instructions.

In support of his application, the applicant submits a copy of his  DD  214,
copies of his children’s birth certificates, and  a  copy  of  his  marriage
license.  The applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 8 May 1996, the applicant enlisted in the Regular Air Force  at  the  age
of 19.

On 16 May 1996, he submitted a statement admitting his engagement in one  or
more homosexual acts and requested his discharge from  active  duty  on  the
basis of homosexual conduct.

On 21 May 1996, his commander notified him  that  he  was  recommending  his
separation from the Air Force  under  the  provisions  of  AFI  36-3208  for
homosexual  conduct.   The  applicant  was  advised  of   his   rights   and
acknowledged receipt of  the  notification.    He  waived  his  right  to  a
hearing before an administrative discharge board, but retained his right  to
military counsel.  He declined to submit statements in his own behalf.

The assistant staff judge advocate found the  file  legally  sufficient  and
recommended that the applicant be separated from the service with  an  entry
level separation.  On 24 May 1996,  the  discharge  authority  approved  the
recommended separation and directed the applicant be discharged.

On 29 May 1996, the applicant was separated with an  entry-level  separation
because of Homosexual Admission.  He had served 22 days on active  duty.   A
reenlistment eligibility (RE) code of 2C (Involuntarily  separated  with  an
entry level separation without characterization of service) was assigned.

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   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, and the discharge was within  the  discretion  of  the
discharge   authority.    DPPRS   notes   airmen   are   given   entry-level
separation/uncharacterized  service  characterization  when  separation   is
initiated  in  the  first  180  days  of  continuous  active  service.   The
Department of Defense determined if a member served less than  180  days  of
continuous active service it would be unfair to the member and  the  service
to  characterize  their  limited  service.   DPPRS  opines  the  applicant’s
uncharacterized character of service is correct and in accordance  with  DoD
and Air Force instructions.  DPPRS concludes the applicant  did  not  submit
any evidence or identify any errors  or  injustices  that  occurred  in  the
discharge processing, and did not provide any facts warranting a  change  to
his narrative reason for separation.  DPPRS evaluation is at Exhibit C.

HQ AFPC/JA recommends denial of the  applicant’s  request.   JA  states  the
application was not timely filed and should be denied on that  basis  alone.
Timeliness aside, JA declares the applicant’s claim  fails  on  the  merits.
JA points out he must show by a preponderance of the evidence  there  exists
some error or injustice warranting  corrective  action  by  the  Board.   JA
notes the United States Claims Court has repeatedly defined an injustice  in
the context of BCMR cases as “treatment by military authorities that  shocks
the sense of justice.”  JA opines the documents submitted by  the  applicant
are unpersuasive in support of his  claim  that  he  had  never  engaged  in
homosexual acts prior to his  arrival  at  BMT  in  1996.   JA  affirms  the
applicant’s administrative separation was properly initiated  upon  his  own
request after he voluntarily admitted that  he  had  engaged  in  homosexual
acts.   He  was  afforded  the  opportunity  to  present  his  case  to   an
administrative discharge board and to provide  matters  for  the  separation
authority’s consideration and elected not to.   JA  concludes  there  is  no
error or injustice in this case and the basis for the applicant’s  discharge
stated on his DD Form 214 – Homosexual  Admission  –  should  remain.   JA’s
evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  31
March 2006 for review and comment  (Exhibit  E).   As  of  this  date,  this
office has received no response.

________________________________________________________________

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.  Sufficient relevant evidence has been provided  to  persuade  the  Board
that a measure of relief is warranted based on clemency.   It  appears  that
the actions taken to effect the applicant’s separation from  the  Air  Force
were in accordance with the governing instruction.   However,  we  note  the
applicant’s youth at the time and the  short  period  of  time  between  his
entry on active duty and his  admission  of  engaging  in  homosexual  acts.
While it  cannot  clearly  be  determined  whether  the  applicant  actually
engaged in homosexual acts or submitted a false official statement, we  find
it reasonable to assume  the  applicant  was  influenced  by  immaturity  or
youthful impetuousness.  As such, we believe  it  would  be  appropriate  to
change his narrative reason for separation to “Secretarial  Authority.”   We
further note the applicant  would  like  to  be  made  eligible  to  reenter
military service.  More than likely, he will also require a  change  to  his
reenlistment eligibility  code.   However,  we  are  not  persuaded  by  the
evidence of record that we should also grant  this  relief.   Therefore,  we
recommend his records be corrected only to the extent indicated below.
________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on  29 May  1996,  he  was  separated
under the provisions of AFI 36-3208, paragraph 1.2  (Secretarial  Authority)
with a separation code of KFF.

________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2006-00647  in
Executive Session on 8 June 2006, under the provisions of AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. John B. Hennessey, Panel Member
                 Mr. Todd L. Schafer, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 18 Feb 06 w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Mar 06.
      Exhibit D.  Letter, HQ AFPC/JA, dated 29 Mar 06.
      Exhibit E.  Letters, SAF/MRBR, dated 31 Mar 06.




            WAYNE R. GRACIE
            Panel Chair



AFBCMR BC-2006-00647





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 APPLICANT, be corrected to show that on 29 May 1996, he was
separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial
Authority) with a separation code of KFF.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency