Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-01800
Original file (BC-2008-01800.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01800
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for discharge of Homosexual Admission on  her  DD  Form
214 be changed.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The statement “Homosexual Admission” on her DD Form 214 is  not  true.   She
is deeply sorry and would have applied to  have  her  record  changed  years
ago, but she only recently found out about the AFBCMR process.

Her record is in error.  During Basic  Military  Training,  she  experienced
some  things  that  made  her  very  uncomfortable  and  was  not  able   to
concentrate, at that time.  Her mind was not  where  it  should  have  been.
After one incident she felt that she should  not  be  in  military  service.
She made a mistake and would like her life back.

In support of the application, she submits her DD Form 214,  Certificate  of
Release or Discharge from Active Duty, a sworn statement, and  her  marriage
certificate.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 17 Jun 98  for  a  period  of
four years.

On 14 Jul 98, she submitted a statement requesting  discharge  from  service
on the basis of homosexual conduct.  On 6 Jul 98, the applicant’s  commander
notified her that she was recommending her separation  from  the  Air  Force
under the provisions of AFI 36-3208 for homosexual conduct.   Applicant  was
advised of her rights and acknowledged receipt of  the  notification.    She
waived her right to a hearing before an administrative discharge board,  but
retained her right to military counsel.  She declined to  submit  statements
in her own behalf.  On 9  Jul  98,  the  discharge  authority  approved  the
recommended separation and directed the applicant be discharged.

Applicant  was  separated  with  an  entry-level   separation   because   of
Homosexual  Admission.   She  had  served  23  days  on  active   duty.    A
reenlistment eligibility (RE) code of 2C (Involuntarily  separated  with  an
entry level separation without characterization of service) was assigned.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS found no procedural errors or injustices  in  the  applicant’s
discharge; however, they defer to the discretion of the Board as to  whether
a correction to her narrative reason for separation is appropriate.

The complete DPSOS 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 21  Nov
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).

_________________________________________________________________

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 injustice.  The applicant’s  contentions  are  duly
noted; however, we are not persuaded that the applicant has been the  victim
of an error or injustice.  At the time members are separated  from  the  Air
Force, they are furnished a narrative reason for separation predicated  upon
the quality of their service and circumstances  of  their  separation.   The
supporting documentation submitted does not substantiate her claim that  she
was discharged for reasons  other  than  those  indicated  on  her  DD  214;
therefore,  we  find  no  basis  to  warrant  favorable   action   on   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 this application in  Executive
Session on 14 January 2009, under the provisions of AFI 36-2603:

      Mr. Gregory A. Parker, Panel Chair
      Ms. Mary Jane Mitchell, Member
      Ms. Debra M. Czajkowski, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-01800:

      Exhibit A.  DD Form 149, undated, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C   Letter, HQ AFPC/DPSOS, dated 28 Oct 08.
      Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 08.



                                  GREGORY A. PARKER
                                  Panel Chair

Similar Decisions

  • AF | BCMR | CY2008 | BC-2007-03383

    Original file (BC-2007-03383.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03383 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2X (First-term, second term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP) be changed in a manner to allow him to enter the Air National Guard. ...

  • AF | BCMR | CY2008 | BC-2007-03094

    Original file (BC-2007-03094.doc) Auto-classification: Denied

    The complete AFBCMR Medical Consultant evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations was forwarded to the applicant for review and response within 30 days. 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 of separation proceedings were, for whatever...

  • AF | BCMR | CY2009 | BC-2008-01945

    Original file (BC-2008-01945.doc) Auto-classification: Denied

    In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 293, Application for the Review of Discharge from the Armed Force of the United States, documents extracted from his military personnel records and an extract from Army Regulation (AR) 601-210. On 9 Dec 02, his commander notified him that he was recommending his discharge from the Air Force for fraudulent entry. AFPC/DPSOA's complete evaluation is...

  • AF | BCMR | CY2012 | BC-2011-05059

    Original file (BC-2011-05059.pdf) Auto-classification: Approved

    The complete DPSOS evaluation is at Exhibit C. AFPC/DPSOR recommends approval stating that the applicant’s narrative reason for separation and SPD code should be changed to “Secretarial Authority” and “JFF”, respectively. In light of the repeal of DADT and the applicant's record of performance, it would be appropriate to change the applicant’s RE code to “3K.” In this respect, we agree with the opinion and recommendation of the Reenlistment Program Manager and adopt his rationale as...

  • AF | BCMR | CY2009 | BC-2008-01957

    Original file (BC-2008-01957.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01957 INDEX CODE: 111.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her separation and enlistment codes be changed to reflect a hardship due to pregnancy. ________________________________________________________________ APPLICANT CONTENDS THAT: Her separation and enlistment codes should...

  • AF | BCMR | CY2008 | BC-2008-01535

    Original file (BC-2008-01535.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01535 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation on her Certificate of Release or Discharge from Active Duty, DD Form 214 be changed to allow her to enlist in military service. HQ AFPC/DPSOS recommends changing the applicant’s narrative reason...

  • AF | BCMR | CY2009 | BC-2008-02885

    Original file (BC-2008-02885.doc) Auto-classification: Denied

    The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, incorrectly reflects the applicant’s separation code and narrative reason as “MBK” and “completion of required active service.” The separation code should reflect “MND” and a narrative reason of “Miscellaneous/General Reasons.” HQ AFPC/DPSOS’s complete evaluation, with attachments, is at Exhibit C. HQ AFPC/DPSOA reviewed the application and recommends denial, stating, in part, that on 15 Jun 05, the applicant...

  • AF | BCMR | CY2008 | BC-2007-02498

    Original file (BC-2007-02498.doc) Auto-classification: Denied

    On 25 May 00, applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting that his discharge be upgraded to honorable and his RE code be changed to allow his return to military service. The Board found that neither the evidence of record nor that provided by the applicant substantiated an inequity or impropriety that would justify a change of discharge or an upgrade of his RE code. The Board further concluded that no legal or equitable basis exists for an upgrade of...

  • AF | BCMR | CY2008 | BC-2008-01990

    Original file (BC-2008-01990.doc) Auto-classification: Approved

    She states two civilian medical opinions have declared that she could not have had a “disorder” during her time in service based on full examination of her medical and personnel records (Exhibit E). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she was discharged on 17 November 2007, with a narrative reason for separation of...

  • AF | BCMR | CY2009 | BC-2009-00631

    Original file (BC-2009-00631.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00631 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized entry level separation be upgraded to a honorable discharge. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and the recommendations of the Air Force...