RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04835 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: Due to the repeal of “Don’t Ask, Don’t Tell” (DADT) his discharge should be upgraded. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty; a Certificate of Excellence and a picture of two awards. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 13 Aug 86, the applicant enlisted in the Regular Air Force. Between on or about 20 Sep 88 to 15 Oct 88, the applicant committed an indecent act with another male. For this misconduct, he was given Non-Judicial Punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), forfeiture of $200 pay per month for one month (suspended) and reduction in grade to airman first class. On 17 Aug 89, the applicant was notified by his commander that he was recommending his discharge from the Air Force under the provisions of AFM 39-10, Administrative Separation of Airmen for Conditions that Interfere with Military Service (Homosexuality). The commander did not recommend probation and rehabilitation. The applicant acknowledged receipt of the discharge notification. On 28 Aug 89, the applicant, after consulting with counsel, offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent upon his receipt of no less than a general (under honorable conditions) discharge. In an undated letter, the Staff Judge Advocate found the case legally sufficient to support the basis for discharge and recommended the discharge authority accept his conditional waiver. On 31 Aug 89, the discharge authority accepted the applicant’s waiver for a board hearing and directed he be discharged with a general (under honorable conditions) discharge without the offer of probation or rehabilitation. On 26 Sep 89, the applicant received a general (under honorable conditions) discharge with a narrative reason for separation of Homosexuality – Acts and corresponding separation code of “HRA.” His DD Form 214 reflects a Reenlistment (RE) code of 2B which denotes “Separated with a general or under other than honorable conditions discharge.” He was credited with 3 years, 1 month and 14 days of active service. On 2 May 90, the applicant submitted a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States requesting his general (under honorable conditions) discharge be upgraded to honorable and his narrative reason for separation be changed to Convenience of the Government. On 19 Oct 90, the Air Force Discharge Review Board (AFDRB) convened and concluded that the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the sound discretion of the discharge authority, that the applicant was provided full administrative due process, and that his discharge should not be changed. On 18 Dec 14, the applicant was offered an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C). As of this date, this office has not received a response. AIR FORCE EVALUATION: AFPC/DPSOR recommends approval. 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)." 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 RE code to an immediately-eligible-to-renter category (the new RE code should be lJ) when both of the following conditions are met: (1) 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. Although the discharge was properly processed according to the applicable regulation, the applicant's discharge record indicates his discharge was based solely on DADT or a similar policy and did not involve aggravating factors. Recommend the applicant's service characterization be changed to "Honorable," the narrative reason for separation, "Secretarial Authority," and the separation code to "JFF.” A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. AFPC/DPSOA recommends approval of a change to his RE code. On 10 Sep 11, the Under Secretary of Defense issued guidance related to the repeal of DADT. The guidance states that requests to change the RE code to 1J, which denotes “eligible to reenlist- elected separation or discharge” should be granted for members separated under DADT unless there were aggravating factors or misconduct present. A complete copy of the AFPC/DPSOA evaluation is at Exhibit E. AFPC/JA concurs with the DPSOR and DPSOA advisories and notes that the Article 15 was based purely on consensual acts that should not be considered aggravating factors. Since the discharge was based solely on a DADT-like policy with no aggravating factors, the Under Secretary of Defense guidance is to change the characterization of service, the narrative reason for separation and the separation code. A complete copy of the AFPC/JA evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant on 25 Mar 15, for review and comment within 30 days (Exhibit G). 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 injustice. Having carefully reviewed this application, we agree with the recommendations of the Air Force offices of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. 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 26 September 1989, he was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a Separation Program Designator (SPD) code of “JFF,” and a Reenlistment (RE) code of “1J.” The following members of the Board considered AFBCMR Docket Number BC-2014-04835 in Executive Session on 4 Aug 15, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. Due to the unavailability of -------, ------- will sign as the Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 18 Dec 14, w/atch. Exhibit D. Memorandum, AFPC/DPSOR, dated 14 Jan 15. Exhibit E. Memorandum, AFPC/DPSOA, dated 4 Feb 15. Exhibit F. Memorandum, AFPC/JA, dated 3 Mar 15. Exhibit G. Letter, SAF/MRBR, dated 25 Mar 15.