RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03328 

 COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. Her uncharacterized entry level separation be changed to an 
honorable or general (under honorable conditions) discharge. 

 

2. Her narrative reason for separation of “Homosexual Conduct” 
be changed to “Medical or Temporary Disability.” 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was under severe mental and emotional stress due to an 
assault she experienced while in the service. She knew she could 
not survive emotionally if she remained in the service and felt 
the only way to remove herself from the unbearable situation was 
to do or say something in order to be discharged. 

 

She suffered an assault that was of a sexual and physical nature, 
and after the assault, began to experience mental health issues. 
She attempted to obtain help through her command and the base 
Chaplain, and both advised her of her rights through a complaint 
process; however, neither took action nor followed through to get 
her the necessary medical and mental health assistance. 

 

Out of desperation she agreed to an administrative discharge as a 
means of escape and because she did not receive the proper care 
required after a sexual assault. The applicant states she made 
the homosexual statement so that she could be discharged from the 
Air Force. 

 

In support of her request, the applicant provides a two-page 
counsel’s brief, copies of her DD Form 214, Certificate of 
Release or Discharge from Active Duty, several DVA documents, and 
documents pertaining to her congressional inquiry. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 27 Aug 02, the applicant entered active duty in the Regular 
Air Force. 

 


On 31 Dec 02, the applicant authored a letter addressed “To Whom 
it May Concern” in which she makes it known that she was 
“requesting an entry-level separation” because she “cannot adapt 
to the military lifestyle.” She states she twice contacted the 
Chaplain who reportedly recommended she “take some 
antidepressants” followed by a recommendation to see her Military 
Training Leader (MTL); who reportedly gave her the “cold 
shoulder” (reportedly telling her to “suck it up and move on”). 
The applicant was then reportedly given “5” options which she 
considered were “unacceptable.” They included: pregnancy; serve 
6 years, reclassification, Article 15s, insanity or suicidal 
intentions. The applicant listed the “reasons” for her request. 
Among these were “sexual harassment” (not sexual assault), 
depression, threats on her life, and changes in her personality, 
among others. 

 

On 9 Jan 03, the applicant authored a letter in which she legibly 
admitted “throughout my life, I’ve always had homosexual 
tendencies and thought I might be able to control them and serve 
in the military. However, I cannot overcome nor hide the fact 
that I am still homosexual.” 

 

On 29 Jan 03, the commander reviewed her statement, and after 
“lengthy discussions” with his Superintendent and acting First 
Sergeant, as well as the applicant’s Military Training Leaders 
(MTLs) did not believe it was made for the purpose of avoiding 
further military service. 

 

On 3 Feb 03, the applicant’s commander notified her that he was 
recommending her discharge from the Air Force for homosexual 
conduct. The reason for the proposed action was on 9 Jan 03, the 
applicant disclosed that she was homosexual. 

 

On 3 Feb 03, the applicant acknowledged receipt of the 
notification of discharge, and after consulting with legal 
counsel, waived her right to a hearing before an administrative 
discharge board, and to submit statements in her own behalf. 

 

The base legal office reviewed the case and found it legally 
sufficient to support the basis for discharge. The legal office 
stated the administrative discharge was mandatory because the 
applicant’s statement creates a presumption that she had a 
propensity or intent to engage in homosexual acts and she 
presented no evidence to rebut this presumption. 

 

On 8 Feb 03, the discharge authority approved the separation and 
on 13 Feb 03, the applicant received an uncharacterized entry-
level separation, by reason of homosexual conduct. She served on 
active duty for 5 months and 17 days. 

 

The paragraph used as the basis for separation, paragraph 5.36.2, 
of AFI 36-3208, Administrative Separation of Airmen, states “The 
member has made a statement that he or she is homosexual or 
bisexual, or words to that effect, unless there is a further 
approved finding that the member has demonstrated that he or she 
is not a person who engages in, attempts to engage in, has a 


propensity to engage in, or intends to engage in homosexual 
acts.” Whether the applicant is now or ever has been a 
homosexual has no bearing on the basis of the applicant’s 
discharge. 

 

_________________________________________________________________ 

 

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. The applicant 
has provided no evidence showing that her entry level separation 
was in error or contrary to the prevailing instruction, or that 
appropriate rules were not followed. Airmen are given an 
uncharacterized entry-level separation when separation is 
initiated in the first 180 days of continuous active service. 
The Department of Defense (DoD) determined if a member served 
less than 180 days of continuous active service, it would be 
unfair to the member and the service to characterize their 
limited service. An uncharacterized entry-level separation 
should not be viewed as negative and should not be confused with 
other types of separations. Therefore, we find no error or 
injustice regarding this matter and find the applicant’s 
uncharacterized entry-level separation is appropriate. 
Therefore, in the absence of persuasive evidence to the contrary, 
we find no basis to recommend favorable relief regarding this 
request. 

 

4. Notwithstanding the above, the majority of the Board believes 
some relief is warranted in this case. While the majority of the 
Board does not believe the evidence provided is sufficient to 
change her narrative reason for separation to “medical” or 
“temporary disability,” they do believe the narrative reason 
“Homosexual Conduct” should be removed and replaced with 
“Secretarial Authority.” In this respect, although the applicant 
is currently receiving compensation from the DVA, there is no 
evidence to reflect that she suffered a disqualifying medical 
condition which was or should have been the cause for the 
termination of her military career; as would otherwise be 
reflected through medical narrative, episodes of medical care, 
commander’s assessments, and/or profile restrictions imposed that 
prohibited worldwide qualification. While we do not believe her 
narrative reason should be changed to medical or temporary 
disability, the Board majority does support changing her 
narrative reason for separation to “Secretarial Authority.” 
Under our broader mandate to effect changes in records because of 
a potential injustice, the majority of the Board recommends the 
applicant’s narrative reason for separation be changed to 


“Secretarial Authority” with the corresponding separation code of 
KFF. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 13 February 
2003, she received an uncharacterized entry level separation with 
a narrative reason for separation of “Secretarial Authority” 
rather than “Homosexual Conduct,” and issued a separation code of 
“KFF” rather than “HRB.” 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2010-03328 in Executive Session on 11 Aug 11, under the 
provisions of AFI 36-2603: 

 

  Panel Chair 

  Member 

  Member 

 

By a majority vote, the Board recommended partial relief. XXX voted to deny the applicant’s request and elected not to 
submit a minority report. The following documentary evidence was 
considered: 

 

 Exhibit A. DD Form 149, dated 13 Sep 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 
 

 Panel Chair