RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01563
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  19 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Narrative Reason for Separation on his  DD  Form  214,  Homosexual
Act, be removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Several recruiters and the Veterans  Administration  (VA)  stated  the
narrative reason on his DD Form 214 is an illegal statement.
It has limited his career progression.  It also eclipses the honorable
characterization and has restricted his hiring  opportunities  due  to
bias  and  prejudices.    Further,   it   restricts   federal   hiring
opportunities.  This statement has caused him undue hardship.

In support of his appeal, applicant submitted a DD Form  293,  and  a
copy of his DD Form 214.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  (RegAF)  on  22 June
1989.

On 19 January 2006, the applicant  was  notified  of  his  commander's
intent to recommend him for discharge  for  homosexual  conduct.   The
specific reason for the discharge action was that on 16 December 2005,
the applicant engaged in a homosexual act.  The applicant was  advised
of his rights in this matter.

On  19  January  2006,  the  applicant  acknowledged  receipt  of  the
notification memorandum  and  after  consulting  with  legal  counsel,
invoked his right to a  hearing  before  an  administrative  discharge
board.  However, on 9 March 2006, he submitted a conditional waiver of
his right associated with an administrative  discharge  board  hearing
contingent upon receipt of no less than an honorable discharge.
On 9 March 2006, the applicant submitted a request for Lengthy Service
Probation (LSP) based on his outstanding 17 years of military service.
 His commander recommended denial of his request for LSP.

The base staff judge advocate reviewed the applicant’s case and  found
it legally  sufficient  to  support  separation  and  recommended  the
applicant’s conditional waiver be accepted and his case forwarded  for
action on his LSP request.

The command staff judge advocate reviewed  the  applicant’s  case  and
found it legally sufficient to support separation and recommended  the
applicant be discharged with an honorable discharge without  probation
and rehabilitation.

The Discharge Authority  approved  the  separation  and  directed  the
applicant be discharged with an honorable discharge without  probation
and rehabilitation.

On 16 August 2006, the Secretary of the Air  Force  Personnel  Council
denied his request for LSP and directed  the  approved  administrative
discharge be executed.  He was discharged on 27 August 2006,  with  an
honorable discharge.  He served 17 years, 6  months  and  10  days  on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the requested relief be  denied.   DPPRS  states
the applicant has not submitted any evidence or identified any  errors
or injustices that occurred in the processing of his discharge.  Based
upon the documentation in the applicant's  file,  DPPRS  believes  his
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation and the discharge was  within
the sound discretion of the discharge authority.

The complete AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
July 2007, 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an injustice warranting a  change  in  the  narrative
reason for separation.  While the narrative reason for separation  the
applicant received at the time of his discharge  was  correct  and  in
accordance with the governing Instruction, it is our opinion that  its
application in this case is not  justifiable.   Considering  the  fact
that prior to his discharge he served  faithfully  and  honorably  for
over 17 years and taking into consideration the impact  the  narrative
reason has on his ability to integrate into the civilian community  at
this point in his life, we believe changing the  narrative  reason  to
Secretarial Authority would be the appropriate action to take in  this
case.  Accordingly, we recommend his records be corrected as 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 27 August 2006,  he
was discharged under the provisions of  AFI  36-3208,  paragraph  1.2,
(Secretarial Authority), with a Separation Program Designator code  of
“KFF.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-01563  in  Executive  Session  on  2  October  2007,  under   the
provisions of AFI 36-2603:

                       Ms. Cathlynn B. Novel, Panel Chair
                       Ms. Jan Mulligan, Member
                       Ms. Mark J. Novitski, Member

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

      Exhibit A. DD Form 149, dated 4 May 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 21 May 07.
      Exhibit D. Letter, SAF/MRBR, dated 3 Jul 07.




                       CATHLYNN B. NOVEL
                       Panel Chair












AFBCMR BC-2007-01563


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     , be corrected to show that on 27 August 2006,
he was discharged under the provisions of AFI 36-3208, paragraph 1.2,
(Secretarial Authority), with a Separation Program Designator code of
“KFF.”




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency