RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00249
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
Her Reentry (RE) code of 2C (involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service) be upgraded.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The record is now inaccurate because her lifestyle has changed
and her primary concern, for the last 10 years has been to
retrain and pursue higher goals. She has been pursuing a
Masters degree in Family and Consumer Sciences to achieve her
lifes goal to include designing a program that will encourage
marriage and rebuild families and communities.
In support of her appeal, the applicant provides a personal
statement, and a copy of her resume.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant's commander notified her, on 13 Jan 94, that he
was recommending her for discharge from the Air Force for
homosexuality. The commander recommended the applicant receive
an honorable discharge based on the fact that the applicant made
a statement that she was a homosexual. The applicant
acknowledged receipt of the notification of discharge and was
informed she could consult with legal counsel and submit
statements in her own behalf. On 5 Jan 94, the applicant
submitted a statement that compelled her to express her
inability to comply with the Air Force principles. The base
legal office reviewed the case and found it legally sufficient
to support discharge. The base discharge authority accepted the
applicant's waiver and directed the applicant be discharged with
an honorable discharge without probation and rehabilitation.
The applicant was honorably discharged, on 3 Feb 94, under the
provisions of AFR 39-10, with a reason for separation of
homosexual admission. She was credited with 4 months and
11 days of active service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, stating, in part, the applicant
has not provided any proof of an error or injustice and a change
of RE code for entry in the military is not needed due to change
of policy. Additionally, the RE code of 2C is driven by the
involuntary discharge with honorable character of service and is
not associated with the applicants narrative reason for
separation of Homosexual Admission.
The complete AFPC/DPSOA evaluation is at Exhibit C.
AFPC/DPSOS recommends denial, stating, in part, the applicant
did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing. She provided no facts
warranting a change to her separation code or narrative reason
for discharge. Based on the documentation on file in the master
personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge
authority.
Homosexual conduct is grounds for separation from the military
service under the terms set forth by AFR 39-10, paragraph 5.35.
Homosexual conduct includes homosexual acts, a statement by a
member that demonstrates a propensity or intent to engage in
homosexual acts, or a homosexual marriage or attempted marriage.
The applicant's discharge from the Air Force for Homosexuality
was legally sufficient based on current policy. The applicant's
narrative reason for separation is the appropriate reason for
discharge. However, pending policy changes may change the
applicants reenlistment eligibility once implemented.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Jun 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force offices of primary responsibility (OPRs) and
adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. in
addition, the OPRs has indicated that based on current policies,
the applicants discharge for homosexuality was legally
sufficient and no change to the RE code is required at this
time; however, as new pending policy governing this issue is
about to change, once the new policy is implemented and new
guidance is received, the Board may be inclined to reconsider
this appeal. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application at this time.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-00249 in Executive Session on 16 August 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 18 May 11.
Exhibit D. Letter, AFPC/DPSOS, dated 2 Jun 11.
Exhibit E. Letter, SAF/MRBR, dated 17 Jun 11.
Panel Chair
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