RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01154
                                       INDEX CODE:  112.10
      XXXXXXX                                COUNSEL: NONE

                                             HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE: 20 OCTOBER 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  narrative  reason  of  "Homosexual   Admission",   separation   program
designator (SPD) code of "HRB" and reenlistment  eligibility  (RE)  code  of
"2C" be changed to permit him to reenter the military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He made a mistake in what he did to  get  out  of  the  Air  Force.  It  was
suggested by another airman. At the time, he was  trying  to  show  his  dad
that he was not going to be bullied by him even though he  was  looking  out
for him. He has always  regretted  the  decision  he  made.  He  has  always
dreamed of flying. He ruined his chances there and would like to  enlist  in
the Army. He wants to make a career out of it and redeem himself.

In support of his application, the applicant provides a letter  of  support,
a personal letter, DD Form 214, Certificate of  Release  or  Discharge  from
Active Duty, AF Form 100, Request and Authorization for Separation,  and  DD
Form 1351-2, Travel Voucher or Subvoucher.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 28 January 1998, the applicant enlisted in the Regular Air Force  in  the
grade of airman first class (E-1) for a period of four years.

On  6  February  1998,  applicant's  commander  notified  him  that  he  was
recommending discharge from the Air Force for homosexual  conduct  based  on
his admission of being a homosexual or words to that effect.


Applicant acknowledged receipt of the notification of  discharge  and  after
consulting with legal counsel waived his  rights  to  a  hearing  before  an
administrative discharge board and to submit statements in his  own  behalf.
He did not waive his right to  military  counsel.  The  discharge  authority
approved the separation and directed the  applicant  be  separated  with  an
uncharacterized entry-level  separation  after  having  served  14  days  of
active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated 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.   The
discharge was within the discretion of the discharge authority.   Applicant
did not submit any evidence or  identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided no  facts  warranting  a
change to his character of service or his reenlistment eligibility code.

Airmen   are   given   entry-level    separation/uncharacterized    service
characterization when  separation  is  initiated  in  the  first  180  days
continuous active service.  The Department of Defense (DoD) determined if a
member served less than 180 days continuous active  service,  it  would  be
unfair to the member and the service to characterize their limited service.
 Therefore, his uncharacterized character of  service  is  correct  and  in
accordance with DoD and Air Force instructions.

AFPC/DPPRS’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  26
May 2006 for review and response within 30 days.  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. 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 homosexual conduct. 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 11 February 1998, 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-2006-01154  in
Executive Session on 22 June 2006, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Alan A. Blomgren, Panel Member
      Ms. Glenda H. Scheiner, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 28 Mar 06 w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 2 May 06.
      Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.




            THOMAS S. MARKIEWICZ
            Chair


AFBCMR BC-2006-01154





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 on 11 February
1998, 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 Agency