RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02641 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1) Her records changed to reflect her married name. 2) Her narrative reason for separation of “Homosexual Admission,” as indicated on her DD Form 214, Certificate of Release or Discharge from Active Duty, be omitted. ________________________________________________________________ APPLICANT CONTENDS THAT: She is married and would like for her records to reflect her current last name. Since Don’t Ask, Don’t Tell (DADT) has been repealed the reason for her separation should be removed from her records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant began her military service on 21 September 1994. On 21 July 1997, her supervisor submitted an AF Form 418, Selective Reenlistment Program Consideration, recommending she be non-selected for reenlistment. On 1 August 1997, the unit commander did not select her for reenlistment. On 20 August 1997, the applicant acknowledged receipt of non- selection for reenlistment and elected not to appeal the decision. On 27 August 1997, the applicant revealed her homosexual preference to her first sergeant. As a result of the applicant’s admission, her commander requested an inquiry. On 7 November 1997, the applicant’s commander notified her that she was recommending her discharge from the Air Force for Homosexual Conduct based upon her statement and the results of the inquiry. The commander determined that the applicant had the propensity and/or intent to engage in homosexual acts. After consulting with counsel, the applicant requested a conditional waiver to a board hearing and waived her right to make a statement in her own behalf. On 12 December 1997, the discharge authority accepted her conditional waiver and directed the applicant be honorably discharged. On 23 January 1998, she was honorably discharged and credited with 3 years, 4 months, and 3 days of total active service. She received a narrative reason for separation of “Homosexual Admission.” On 16 October 2012, AFPC/DPSIRP notified the applicant that in accordance with AFI 36-2608, Military Personnel Records Systems, her name, as reflected in her military personnel records could only be corrected if there is evidence the Air Force erroneously recorded her name. In this case, her last name was correctly recorded in her military personnel records and it was not until after her discharge that her last name was changed. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends approval of the applicant’s request to correct her narrative reason for separation. On 20 September 2011, the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 U.S.C § 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. Although the discharge was processed according to the applicable regulation, the applicant’s record indicates the discharge was based solely on DADT or a similar policy and did not involve aggravating factors. Accordingly, the applicant’s narrative reason for separation should be changed to “Secretarial Authority,” and her SPD code should be changed to “JFF,” if the RE code is changed. The complete AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends the applicant’s RE code be changed from 2C to 2X (Denied Reenlistment). While the applicant was separated for a homosexual admission and issued a RE code 2C, there were aggravating factors in her records. Specifically, she was not recommended or selected for reenlistment due to her duty performance. In light of the repeal of DADT, the RE code 2C is no longer appropriate. The next RE code in priority sequence that applies to the applicant is RE code 2X, which is based on her non-selection for reenlistment stemming from disciplinary issues. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 November 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicant’s request for her records to be corrected to reflect her married name. After a thorough review of the evidence of record and the applicant’s complete submission, we are not convinced the applicant’s records are erroneous. In this respect, we note that in accordance with AFI 36-2608, Military Personnel Records Systems, the name under which the applicant served was appropriately memorialized in her military personnel records and it was not until after her service that her name was changed. Therefore, we find no basis to recommend granting this aspect of the applicant’s request. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice with respect to the applicant’s request to change her narrative reason for separation. In light of the repeal of Don’t Ask, Don’t Tell (DADT), we believe it would be appropriate to change the narrative reason for separation to “Secretarial Authority” and correct her separation program designator (SPD) code 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)), re-characterize the discharge to honorable, and/or 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. While we agree with the AFPC/DPSOR determination that the applicant’s narrative reason for separation and SPD code should be changed, we are not convinced that her RE code should be corrected to reflect an immediately-eligible-to-reenter category. In this respect, we note there were aggravating factors in the applicant’s record that, notwithstanding her homosexual admission, would have formed the basis for her discharge. Specifically, the evidence of record indicates the applicant’s commander had non-selected her for reenlistment due to her substandard duty performance. As such, were it not for her homosexual admission, the applicant would have been involuntarily honorably discharged and issued an RE code of 2X (denied reenlistment). Therefore, in view of the above, we recommend the applicant’s records be corrected to the extent 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 January 1998, she was honorably discharged with a narrative reason for separation of “Secretarial Authority” rather than “Homosexual Admission,” and issued a separation program designator (SPD) code of “JFF” rather than “GRB,” and RE code of “2X” rather than “2C.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02641 in Executive Session on 20 February 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 June 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 20 August 2012. Exhibit D. Letter, AFPC/DPSOA, dated 28 September 2012. Exhibit E. Letter, SAF/MRBR, dated 5 November 2012.