RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01160
            INDEX CODE:  100.06


            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 OCT 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed to one that would allow
his reentry into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He lied when he admitted to being a homosexual.  At the  time  of  his
admission, his mother was diagnosed with breast cancer which  required
surgery.  He tried to cross-train into a different specialty  but  was
not allowed.  Uncertain whether he would be allowed  out  of  the  Air
Force, he indicated he was a homosexual, which was not true.

In support of his  appeal,  the  applicant  provided  a  copy  of  his
separation document, personal statements, and supportive statements.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24  Mar  92  for  a
period of four years in the grade of airman basic.

On 6 Nov 95, the  applicant’s  commander  notified  him  that  he  was
recommending the applicant be discharged for homosexual conduct.   The
reason was that on 29 Sep 95, the  applicant  submitted  a  letter  to
Colonel J--- A. R--- declaring himself to be a homosexual  as  defined
by relevant Air Force  instructions.   He  further  stated  he  had  a
propensity to engage in homosexual acts.  As a result,  the  commander
directed  Master  Sergeant  (MSgt)  M---  W---  to   investigate   the
applicant’s declaration.  MSgt W--- concluded from  his  investigation
the applicant’s statement was indeed true  and  he  had  not  declared
himself as a  homosexual  in  an  attempt  to  fraudulently  obtain  a
discharge from the Air Force.

The applicant was advised of his rights in  the  matter  and  that  an
honorable discharge would be recommended.

On 7 Nov 95, the applicant offered a conditional waiver of his  rights
associated with an administrative discharge board hearing,  contingent
on his receipt of no less than an honorable discharge.

On 9 Nov 95,  the  office  of  the  Staff  Judge  Advocate  found  the
discharge  case  file  was  legally  sufficient  and  recommended  the
applicant’s conditional waiver be accepted  and  he  be  furnished  an
honorable discharge.

On 13 Nov 95, the discharge authority approved  the  discharge  action
and directed that the applicant be honorably discharged.

On 15 Nov  95,  the  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208  (Homosexual  Admission)  in  the  grade  of
senior airman and assigned a reenlistment eligibility (RE) code of  1M
(eligible to reenlist, second-term or career airman not yet considered
under the Selective Reenlistment Program (SRP)).  He was credited with
3 years, 7 months, and 22 days of active service.

On  23  Apr  07,  the  applicant’s  RE  code  of  “1M”  was  corrected
administratively  to  read  “2C”  (involuntarily  separated  with   an
honorable   discharge;   or    entry    level    separation    without
characterization of service).

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AIR FORCE EVALUATION:

AFPC/DPPRS  recommends   denial   indicating   that   based   on   the
documentation in the applicant’s records, the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and was within the discretion of the  discharge  authority.
The 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 narrative reason  for  separation  or
his RE code.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

AFPC/JA recommends denial  indicating  the  applicant  has  failed  to
establish any error or injustice.  He admitted that he  made  a  false
official statement to  procure  a  fraudulent  discharge,  an  offense
punishable by the Uniform Code of Military  Justice.   The  deception,
even when cloaked with claims of  a  dying  parent  and  an  uncertain
future, constitutes a crime, not an injustice.  To obtain relief,  the
applicant must show by a preponderance of the  evidence  there  exists
some error or injustice warranting corrective  action  by  the  Board.
The  circumstances  presented   by   the   applicant   are   full   of
contradictions and yield only attempted excuses for his deception.

In AFPC/JA’s view, while the basis for his discharge on his separation
document serves as a bar to his service, the applicant either fails to
recognize  the  seriousness  of  his  actions  or  seeks  to   further
manipulate military officials  into  acting  in  accordance  with  his
desires.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  1
Jun 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
However, we find it insufficient to override the rationale provided by
the Air Force offices of primary responsibility (OPRs).  The  evidence
of record reflects the  applicant  was  involuntarily  discharged  for
homosexual admission, given an honorable discharge and assigned an  RE
code of “1M”.  His RE code was subsequently corrected administratively
to reflect “2C.”  After reviewing the facts and circumstances of  this
case,  we  find  no  evidence  that  would  lead  us  to  believe  the
applicant's narrative reason for separation was improper  or  contrary
to the governing directives under which it was effected, or  that  the
corrected RE code was inappropriately assigned.  In view of the above,
and in the absence of evidence to the contrary, we adopt the Air Force
rationale and conclude that no basis exists upon  which  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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-
2007-01160 in Executive Session on 15 Aug 07, under the provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 23 Apr 07.
    Exhibit D.  Letter, AFPC/JA, dated 21 May 07.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Jun 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair