RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-04370 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her	narrative	reason	for	separation,	homosexuality-acts,	be changed based on the repeal of Don’t Ask Don’t Tell (DADT).

APPLICANT CONTENDS THAT:
She was discharged solely on the basis of homosexual conduct and her case meets the criteria necessary to merit an upgrade under the current policy related to the repeal of the law commonly known as “Don’t Ask, Don’t Tell” (DADT).

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The  applicant  initially  entered  the  Regular  Air  Force  on
19 Jan 82.
On	30	Jul	85,	the	applicant	was	furnished	a	general	(under honorable conditions) discharge, and was credited with 3 years,
6 months, and 12 days of active service.
On 10 Sep 11, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, Section 654, commonly known as "Don't Ask, Don't Tell (DADT)". An excerpt from the aforementioned guidance is provided below: "Effective 20 Sep 11, Service DRBs should normally grant requests to change the narrative reason for a discharge (the change should be "Secretarial Authority" (Separation program Designator Code (SPD) code JFF)), requests to re- characterize the discharge to honorable, and/or requests to change the reentry (RE) code to an immediately-eligible-to- renter category (the new RE code should be lJ) when both of the following conditions are met: (l) the original discharge was based solely upon 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 each request must be evaluated on a case-by-case basis, the award of an honorable or general discharge should normally be considered to indicate the absence of aggravating factors."

The remaining relevant facts pertaining to this application are described in the memorandum 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 granting relief, indicating sufficient evidence has been presented to demonstrate the existence of injustice. The applicant’s discharge was based solely on DADT and did not involve aggravating factors. Although the discharge was properly processed according to the applicable regulation, because the discharge was based solely on DADT, the board should approve the narrative reason for separation change to reflect “Secretarial Authority” and SPD code change to reflect “JFF.”
In addition, recommend the board also consider approving upgrade of the service characterization to  reflect "Honorable" since there were no additional aggravating factors in the record.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of an injustice. Based on 10 Sep 11 guidance repealing DADT, requests to change RE code to 1J should be granted for members separated under DADT or similar policy that did not involve aggravating factors. Therefore, the board should direct the applicant’s RE code be changed to a 1J.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
AFPC/JA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of injustice. On 10 Sep 11, the Under Secretary of Defense issued guidance in concert with the repeal of "Don't Ask, Don't Tell (DADT)", 10 U.S.C. § 654. This guidance stated requests should normally be granted to change the narrative reason for a discharge, re-characterize discharges to honorable, and/or to change the reentry code 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. The policy further states that the award of an honorable or general discharge ”should normally be considered to indicate the absence of aggravating

factors.” We agree with AFPC/DPSOR and AFPC/DPSOA's opinion that the applicant's discharge warrants a change to the narrative reason for her discharge, the characterization, the related SPD code, and the re-enlistment eligibility code.

A complete copy of the AFPC/JA evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In	response,	the	applicant	is	in	agreement	with	the	opinions provided by the Air Force OPRs.	(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 injustice warranting relief. The applicant is requesting her narrative reason for separation be changed based on the repeal of the law known as “Don’t Ask, Don’t Tell” (DADT). No evidence has been presented which would lead us to believe her discharge was improper or contrary to the directive under which it was effected at the time of her separation. However, in light of the repeal of DADT and the applicant’s record of performance, it would be appropriate to correct her narrative reason for separation, separation program designator (SPD) and reenlistment eligibility (RE) codes. In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the character of service, narrative reason for separation, SPD, and RE codes if 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 the APPLICANT be corrected to show that on
30 June 1985, the applicant was issued a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” and Reentry (RE) Code of “1J” in conjunction with her Honorable discharge.

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The following members of the Board considered AFBCMR Docket Number BC-2014-04370 in Executive Session on 9 Jul 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 pertaining to AFBCMR  Docket Number BC-2014-04370 was considered:

Exhibit A.	DD Form 149, dated 20 Oct 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSOR, dated 19 Dec 14. Exhibit D.	Memorandum, AFPC/DPSOA, dated 26 Jan 15. Exhibit E.	Memorandum, AFPC/JA, dated 4 Feb 15.
Exhibit F.	Letter, SAF/MRBR, dated 25 Feb 15. Exhibit G.	Applicant Rebuttal, dated 6 Mar 15.