RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01201 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to: 1. Remove the Narrative Reason for Separation of “Homosexual Admission” from his DD Form 214, Certificate of Release or Discharge from Active Duty. 2. Change the Separation Program Designator (SPD) code of “HRB” and Reentry (RE) code of “2C” on his DD Form 214 to codes that would allow him to reenlist. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged under the provisions of “Don’t Ask, Don’t Tell.” His Narrative Reason for Separation on his DD Form 214 of “Homosexual Admission” opens him up to prejudice for future employment. Now that homosexuals can enter the armed forces, his SPD and RE Codes should be changed so he is eligible to reenter the military. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Mar 03, the applicant entered active duty in the Regular Air Force. On 14 Jul 04, the applicant verbally revealed his homosexual preferences to his First Sergeant and admitted to having committed a homosexual act. On 20 Jul 04, the applicant’s commander notified him that he intended to recommend his discharge from the Air Force for homosexual conduct. The basis for the proposed action was the applicant’s voluntary statement that he had committed a homosexual act because it indicated a likelihood that he engaged in or will engage in homosexual acts. The applicant acknowledged receipt of the discharge notification, waived his right to a hearing before an administrative discharge board, waived his right to military counsel, and chose not to submit a statement on his behalf. On 21 Jul 04, the applicant’s commander recommended he be discharged; and on 27 Jul 04, the discharge authority agreed and directed he be provided an Honorable discharge. On 5 Aug 04, the applicant was honorably discharged by reason of Homosexual Admission, after serving on active duty for a period of 1 year, 4 months, and 18 days. On 20 Sep 11, the law commonly known as "Don't Ask, Don't Tell" (DADT), 10 USC 654, was repealed.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. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice. The applicant’s RE Code of 2C is required per AFI 36-2606, Reenlistments in the USAF, Chapter 3, based on his involuntary discharge with an honorable character of service, and the applicant has failed to demonstrate any error or injustice. The complete AFPC/DPSOA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 1 Jul 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. In light of the repeal of Don’t Ask, Don’t Tell (DADT) and the applicant’s record of performance, it would be appropriate to change the narrative reason to “Secretarial Authority” and correct his separation program designator (SPD) and reentry (RE) codes accordingly. In accordance with Under Secretary of Defense (Personnel and Readiness) guidance memorandum, Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code, dated 20 September 2011, Discharge Review Boards should normally grant requests to change the narrative reason for a discharge (the change should be to “Secretarial Authority” (SPD code JFF)), requests to recharacterize the discharge to honorable, and/or requests to change the RE code to an immediately-eligible-to-reenter category (the new RE code should be RE code 1J) when both of the following conditions are 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. Based on our review of the evidence of record, the applicant’s discharge meets these requirements. Therefore, we recommend the applicant’s record be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 5 Aug 04, he was honorably discharged with a narrative reason for separation of “Secretarial Authority” rather than “Homosexual Admission,” a separation program designator code of “KFF” rather than “HRB,” and a reentry code of “1J” rather than “2C.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01201 in Executive Session on 12 Apr 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-01201 was considered: Exhibit A. DD Form 149, dated 20 Mar 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 25 May 11. Exhibit D. Letter, SAF/MRBR, dated 1 Jul 11. Panel Chair .