RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03274 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: His narrative reason for separation be changed from “Homosexual Act” to “Secretarial Authority.” His separation code be changed from “HRA” to “JFF.” His Reentry (RE) code “2C” (Involuntarily separated under AFR 39-10 with an honorable discharge; or entry level separation without characterization of service), be changed to “1J” (Eligible to reenlist, but elects separation). APPLICANT CONTENDS THAT: The applicant through counsel states he was discharged under the policy referred to as “Don't Ask, Don't Tell (DADT).” Although granted an honorable discharge, his discharge was initiated as a result of allegedly engaging in homosexual acts with at least three men. Since his discharge, the Department of Defense has opened military service to both qualified gay, lesbian and bisexual recruits, as well as those who were discharged under the former policy. Currently, he is actively pursuing employment opportunities and requests a correction of his military service record to avoid discrimination. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to his DD Form 214, and documents extracted from his military personnel record, on 8 Jul 91, the applicant enlisted in the Regular Air Force and, on 1 Mar 94, he was released from active duty with an honorable discharge. He was credited with 2 years, 7 months and 24 days of active duty service. His narrative reason for separation on his DD Form 214 reflects “Homosexual Act” with the corresponding separation code of “HRA” and RE Code “2C.” The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSOR recommends approval with respect to the applicant’s request for his narrative reason for separation and separation code to be changed. DPSOR states that the discharge record reflects that the applicant was seen in bed with another male, kissing two males in public, and openly admitting to engaging in homosexual acts. The commander stated he was recommending a general (under honorable conditions) discharge. The applicant acknowledged receipt of the notification of discharge and was informed he could consult with legal counsel and submit statements in his own behalf. The applicant submitted a conditional waiver of his right to a discharge board conditional upon receiving an honorable discharge service characterization. The discharge authority accepted his conditional waiver and directed discharge with an honorable service characterization. The applicant was separated from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 5-35, Homosexuality, with an honorable discharge. Effective 20 Sep 11, Service Discharge Review Boards 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 properly processed according to the applicable regulation, the applicant's discharge record indicates his discharge was based solely on DADT and did not involve aggravating factors. The absence of aggravating factors is also indicated by the applicant's honorable service characterization. The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends approval of the applicant’s request to change his RE code. DPSOA states that the 10 September 2011, Under Secretary of Defense guidance concerning the repeal of “DADT” states that requests to change the RE code to 1J should be granted for members separated under DADT or similar policy that did not involve aggravating factors. A thorough search of applicant's record did not reveal any aggravating factors. The complete DPSOA evaluation is at Exhibit D. AFPC/JA concurs with DPSOR and DPSOA that the applicant’s narrative reason for separation should be changed to “Secretarial Authority,” SPD code to “JFF,” and RE code to “1J.” While the applicant’s records support that actions taken by the Air Force complied with the law, regulations and applicable policy in effect at the time of the applicant’s separation, pursuant to current DoD policy guidance, we concur with each of the recommended changes. The complete JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant through counsel acknowledged receipt of the advisory opinions and provided no further comments (Exhibit G). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant's records 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 1 Mar 94, he was discharged with a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF” and a Reentry (RE) code of “1J.” The following members of the Board considered AFBCMR Docket Number BC-2014-03274 in Executive Session on 13 May 15 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 27 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 16 Dec 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 5 Jan 15. Exhibit E. Memorandum, AFPC/JA, dated 14 Jan 15. Exhibit F. Letter, SAF/MRBR, dated 26 Jan 15. Exhibit G. Letter, Counsel, dated 13 Feb 15.