RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02621
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge (UOTHC) be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge took place over 20 years ago. He regrets what he did. This
embarrassment was made worse after 9/11 when he wanted to fight for his
country but could not.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 6 Apr 87, as an airman
basic for a period of six years.
On 25 Aug 87, his commander notified him that he was recommending his
discharge from the Air Force for homosexuality. The specific reason for
the discharge action was that on 12 Aug 87, he made a sworn statement
during an interview with Security Police Investigations in which he
admitted to having repeatedly engaged in homosexual acts from 3 Jul 87 to
10 Jul 87 while on leave and declared that he would continue to live a
bisexual lifestyle.
On 25 Aug 87, his commander advised him of his rights in this matter and he
acknowledged receipt of the notification on that same date.
On 26 Aug 87, he submitted a conditional waiver of his rights associated
with an administrative discharge board. The waiver was contingent upon his
receipt of no less than an entry-level separation. He also waived his
right to submit statements in his own behalf.
On 28 Aug 87, the staff judge advocate reviewed the case and found it
legally sufficient to support separation and recommended the applicant’s
conditional waiver be accepted and he be separated with an entry-level
separation.
On 8 Sep 87, the discharge authority directed that he be separated with an
entry-level separation.
The applicant was discharged on 14 Sep 87. He served a total of five
months and 9 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of investigation
indicated, on the basis of the data furnished, they were unable to locate
an arrest record (Exhibit C).
On 26 Nov 07, the Board staff requested the applicant provide documentation
concerning his activities since leaving military service (Exhibit D). In a
letter dated 7 Dec 07, the applicant states a lot has happened since his
discharge. He is married and the father of three. He attended trade
school and became a Certified Business Administrator. He worked for
Chicago Transit Authority for nine years. He relocated to Florida and has
worked for the Osceola County Board of County Commissioner for 10 years in
various positions. He has also taken an active role in his community
serving on different boards, his church finance committee and has taught
middle school students (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 an error or an injustice. The applicant is requesting his
UOTHC discharge be upgraded. However, it appears that his DD Form 214
reflects he received an uncharacterized entry-level separation rather than
an UOTHC discharge. We are compelled to note that uncharacterized
separation is not an unfavorable reflection upon the applicant's military
service nor should it be confused with other types of separation. Rather,
an entry-level separation with uncharacterized service is used in those
cases where the member has not yet completed six months of service at the
time separation proceedings were, for whatever reason, initiated. Hence,
an uncharacterized separation merely connotes the brevity of an
individual's membership in the service and may not, in and of itself, be
viewed as a defamation of character. In instances where a former member
has not completed six months of service, characterization of his or her
service as honorable is normally appropriate when extenuating factors
exist. However, after a thorough review of the applicant's submission and
the evidence of record, we see no evidence of any extenuating circumstances
in this case. Therefore, in the absence of persuasive evidence indicating
that the applicant was deprived of rights to which entitled or that
inappropriate standards were applied in his case, we find no compelling
basis 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-
02621 in Executive Session on 10 Jan 08 under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Mark J. Novitski, Member
Mrs. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Investigative Report dated 2 Oct 07.
Exhibit D. Letter, SAF/MRBC, dated 26 Nov 07, w/atch.
Exhibit E. Letter, Applicant, dated 7 Dec 07.
JAMES W. RUSSELL III
Panel Chair
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