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AF | BCMR | CY2008 | BC-2007-02621
Original file (BC-2007-02621.doc) Auto-classification: Denied

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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