RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01956 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The narrative reason for separation of admitted homosexual or bisexual be removed from his DD Form 214, Certificate of Release or Discharge from Active Duty. APPLICANT CONTENDS THAT: His narrative reason for separation on his DD Form 214 is now invalid since the repeal of DADT policy. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 29 Mar 83. On 24 Jul 87, the applicant’s commander informed him of his recommendation to discharge him for homosexuality in accordance with AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship. His reasons for this action were: 1) on or about Jan 83 he stated to his spouse (military member) that he was bisexual and homosexual, 2) on or about Jan 84, he attempted to marry a man. On 27 Jul 87, the applicant offered a conditional waiver of the rights with an administrative discharge board hearing, contingent on his receipt of no less than an honorable discharge if the recommendation for his discharge was approved. On 30 Jul 87, the 3800 ABW/JA advised the ABW/CC to accept the conditional waiver and direct an honorable discharge. On 10 Aug 87 the ABW/CC approved the conditional waiver and directed the applicant be discharged with his service characterized as honorable. Additionally, he determined probation and rehabilitation would not be recommended because homosexuality is incompatible with military service. On 20 Aug 87, the applicant was furnished an honorable discharge, with narrative reason for separation “admitted homosexual or bisexual,” and was credited with 4 years, 4 months, and 22 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).” 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 narrative reason for discharge (the change should be to “Secretarial Authority”), requests to re-characterize the discharge to honorable, and/or request a change to the reentry code to an immediately-eligible-to-reenter category 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. Although each request must be evaluated on a case-by-case basis, the award of an honorable or general (under honorable conditions) discharge should normally be considered to indicate the absence of aggravating factors. 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 and D, and AFPC/JA at Exhibit E. AIR FORCE EVALUATION: AFPC/DPSOR-SEP recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. The review of the applicant’s records revealed his discharge on 20 Aug 87 was properly processed according to the applicable regulations, and that it was based solely on “Don’t Ask, Don’t Tell” (DADT). There does not appear to be any additional misconduct or aggravating factors in the record. This is further evidenced by the honorable discharge that the applicant received. Therefore, in accordance with the 10 Sep 11, 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),” they recommend the board approve the applicant’s request to change the narrative reason for separation to “Secretarial Authority” and the corresponding SPD code to “JFF”. A complete copy of the AFPC/DPSOR-SEP evaluation is at Exhibit C. AFPC/DPSOA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. The applicant’s records revealed he received an involuntary discharge with a narrative reason for separation of “Admitted Homosexual or Bisexual” on 20 Aug 87 with an honorable character of service. He received an RE code of 2C--(Involuntarily separated under AFR 39-10, with an honorable discharge; or entry level separation without characterization of service) based on his involuntary separation being under AFR 39-10 with an honorable character of service. The Secretary of Defense’s 10 Sep 11 guidance to repeal the DADT policy stated requests to change the RE code to 1J--(Eligible to reenlist, but elects separation) should be granted for members separated under DADT or similar policy that did not involve aggravating factors. Although he did not address his RE code, they recommend the Board direct his RE code be changed to 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 error or injustice. They reviewed the application, case file, and advisories submitted by AFPC/DPSOA and AFPC/DPSOR. Although the records support the discharge actions taken by the Air Force complied with the law, regulations and applicable policy in effect at the time; pursuant to current DoD policy guidance, they concur with the recommendations to change the narrative reason for his separation, his SPD code, and his RE code. A complete copy of the AFPC/JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 30 Oct 15, for review and comment within 30 days (Exhibit F). 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. In light of the repeal of Don't Ask, Don't Tell (DADT) and the applicant's record of performance, it would be appropriate to change the narrative reason to “Secretarial Authority.” In a memorandum, dated 20 September 2011, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the narrative reason for discharge (the change should be to “Secretarial Authority”) 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 applicant's discharge meets these requirements. With regard to the applicant’s reentry (RE) code, we note the AFPC/DPSOA evaluation that although the applicant did not address his RE code, they recommend the Board direct his RE code be changed to 1J. We agree with their recommendation. 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 20 August 1987, he was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” and Reentry (RE) Code of “1J.” The following members of the Board considered AFBCMR Docket Number BC-2015-01956 in Executive Session on 10 Dec 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01956 was considered: Exhibit A.  DD Form 149, dated 6 May 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSOR-SEP, dated 4 Jun 15. Exhibit D.  Memorandum, AFPC/DPSOA, dated 30 Jun 15. Exhibit E.  Memorandum, AFPC/JA, dated 21 Oct 15. Exhibit F.  Letter, AFBCMR, dated 30 Oct 15.