RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02132
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her uncharacterized service, as reflected on her DD Form 214, Certificate of Release or Discharge from Active Duty, be
changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
The Uncharacterized service is unjust.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Regular Air Force on
19 Jan 88.
On 25 Jan 88, the applicant admitted to concealment of
homosexual acts prior to enlistment.
On 1 Feb 88, the applicants commander notified her that he
intended to recommend her discharge from the Air Force for
fraudulent entry. The basis for the proposed action was the
applicant intentionally concealed at the time of her
enlistment, involvement with pre-service homosexual activity
which, if revealed, could have resulted in rejection of her
enlistment. Specifically:
1. On 16 Jan 87, in Item 36(c) of her DD Form 1966, Record of Military Processing, she indicated she was not a
homosexual or bisexual. On 19 Jan 88, she certified that same
information was correct.
2. On 25 Jan 88, she submitted a sworn statement that she
had engaged in pre-service homosexual acts.
On 3 Feb 88, the applicants commander recommended she be
discharged. The applicant acknowledged receipt of the
notification letter, her right to legal counsel, and waived her
right to a hearing before an administrative discharge board and
to submit statements on her own behalf.
On 8 Feb 88, the case was determined to be legally sufficient
and the discharge authority directed the applicant be furnished
an entry-level separation.
On 11 Feb 88, the applicant was furnished an entry-level
separation with uncharacterized service for Defective
EnlistmentFraudulent Entry.
Airmen are given entry-level separation with uncharacterized
service when separation is initiated in the first 180 days of
continuous active service. The Department of Defense (DoD)
determined it would be unfair to the member and the service to
characterize a members limited service when separation is
initiated within the first 180 days of active service.
On 20 Sep 11, the law commonly known as "Don't Ask, Don't Tell"
(DADT), 10 USC 654, was repealed. The Department of Defense
subsequently issued guidance indicating that Service Discharge
Review Boards (DRB) should normally grant requests to change the
narrative reason for a discharge, requests to re-characterize
the discharge to honorable, and/or requests to change the
reentry code when both of the following conditions were met:
(1) the original discharge was based solely on DADT or a similar
policy in place prior to enactment of DADT, and (2) there were
no aggravating factors in the record, such as misconduct.
________________________________________________________________
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. We took
notice of the applicants complete submission in judging the
merits of the case; however, we are not convinced the
applicants uncharacterized service represents an injustice. In
this respect, we note that by Department of Defense (DoD) policy
Airmen are given entry-level separation with uncharacterized
service when separation is initiated in the first 180 days of
continuous active service, regardless of the basis for the
action. While it is clear the applicants homosexual admission
precipitated her entry-level separation, the fact remains that
her service was uncharacterized due to the duration of said
service, not because of her homosexual admission. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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-2012-02132 in Executive Session on 10 Oct 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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