RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02038 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His discharge be upgraded from General (Under Honorable Conditions) to Honorable. APPLICANT CONTENDS THAT: No justification is included. However, the narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, is “Homosexuality – Acts.” The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 27 May 80. On 23 Dec 83, 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. The commander’s basis for discharge was an airman’s sworn statement implicating the applicant in numerous homosexual acts, and other statements of suspects concern a martial arts class taught by the applicant in which he engaged in or attempted to engage in homosexual activity. On 4 Jan 84, the applicant offered a conditional waiver of the rights associated with an administrative discharge board hearing, contingent on his receipt of no less than a General discharge if the recommendation for his discharge was approved. On 11 Jan 84, the 341st Combat Support Group (CSG) Judge Advocate advised the 341st CSG/CC to accept the conditional waiver and direct a General discharge. The 341st CSG/CC approved the conditional waiver and directed the applicant be discharged with a General (Under Honorable Conditions) discharge. Additionally, he determined probation and rehabilitation would not be recommended in accordance with AFR 39-10, chapter 7, section A, para 7-2f(2). On 13 Jan 84, the applicant was furnished a General discharge, with narrative reason for separation “homosexuality – acts,” and was credited with three years, seven months, and seventeen 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. On 22 May 15, SAF/MRBR sent the applicant the Upgrade of Discharge – Clemency Information Bulletin. As of this date, no response has been received by this office (Exhibit C). 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 D and E, and the AFPC/JA at Exhibit F. 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 13 Jan 84 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. The award of an honorable or general discharge should normally be considered to indicate the absence of aggravating factors. Therefore, they recommend the Board approve the applicant’s request upgrade the character of service to “honorable” and to change the narrative reason for separation to “Secretarial Authority” along with the corresponding SPD code to “JFF”. A complete copy of the AFPC/DPSOR-SEP evaluation is at Exhibit D. AFPC/DPSOA recommends that if the Board grants the requested relief, they direct the applicant’s Reenlistment (RE) code be changed to 1J in accordance with the Secretary of Defense’s 10 Sep 11 guidance to repeal the DADT policy. A complete copy of the AFPC/DPSOA evaluation is at Exhibit E. 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 F. 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 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. In light of the repeal of DADT, it would be appropriate to grant the requested relief. 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, separation code, re-characterize the discharge to Honorable, and/or requests to change the RE code to an immediately-eligible-to-reenter category when 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, it is our opinion that 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 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 13 January 1984, 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-2015-02038 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-2015-02038 was considered: Exhibit A.  DD Form 149, dated 15 Jun 15, w/atch. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Clemency Bulletin, SAF/MRBR, dated 22 May 15 Exhibit D.  Memorandum, AFPC/DPSOR-SEP, dated 5 Jun 15. Exhibit E.  Memorandum, AFPC/DPSOA, dated 8 Jul 15. Exhibit F.  Memorandum, AFPC/JA, dated 20 Oct 15. Exhibit G.  Letter, AFBCMR, dated 30 Oct 15.