RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04486 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to remove or change her narrative reason for separation. _________________________________________________________________ APPLICANT CONTENDS THAT: She was wrongfully accused of homosexual acts because of an unjust inspection of her living quarters. The inspection found her roommate in her bunk instead of the top bunk where her roommate’s bed was. By way of an explanation, her roommate was in the applicant’s bed because the night before the roommate was too inebriated to climb up to her own bunk. Though her roommate was found fully clothed, her commander seemed set on labeling her as homosexual and pushed for her separation. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Jun 87, the applicant was notified by her commander that he was recommending she be discharged for homosexuality. The commander recommended a general, under honorable conditions (UHC) discharge. The reasons for the discharge action are as follows: She was discovered sleeping in the same bed with another female airman. A subsequent investigation by the Office of Special Investigations (OSI) yielded confessions from the applicant and another female airman that they had committed homosexual acts together. She acknowledged receipt of the notification; consulted counsel, and exercised her right to present her case to a board of officers. After considering all the evidence, the board found that she did commit homosexual acts and recommended she be separated with an honorable discharge. On 23 Nov 87, she was honorably discharged for homosexuality after serving for 3 years, 6 months, and 19 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 On 20 Sep 11, the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 USC 654 was repealed.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/DPSOS recommends denial. Homosexual conduct was grounds for separation from the military service under the terms as set forth by Air Force Regulation (AFR) 39-10. Homosexual conduct includes homosexual acts, a statement by the member that demonstrates a propensity or intent to engage in homosexual acts, or a homosexual marriage or attempted marriage. Her discharge from the Air Force was legally sufficient based on current policy at the time of her discharge making her narrative reason for separation an appropriate reason for discharge. DPSOS notes she did not submit any evidence or identify any errors or injustices that occurred in the processing of her discharge. Neither has she provided facts that would warrant a change to her narrative reason for separation. Therefore, 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. DPSOS’s complete 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 13 Jan 12 for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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, the majority of the Board believes it would be appropriate to change the narrative reason for separation to “Secretarial Authority” and correct her 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 re-characterize 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 majority finds the applicant’s discharge meets these requirements. Therefore, the Board majority recommends 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 the APPLICANT be corrected to show that on 23 November 1987, she was honorably discharged with a narrative reason for separation of "Secretarial Authority" rather than "Homosexualuality - Acts," a separation program designator code of "KFF" rather than "GRA," and a reentry code of "1J" rather than "2C." _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04486 in Executive Session on 3 May 12, under the provisions of AFI 36-2603: A majority of the Board voted to correct the records. voted to deny the request, but did not elect to submit a minority report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04486 was considered: Exhibit A. DD Form 149, dated 8 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 5 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 13 Jan 12.