RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02089
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded to Honorable.

APPLICANT CONTENDS THAT:

With the recent repeal of “Don’t ask, Don’t Tell” (DADT) he would like to have his characterization of service upgraded to reflect Honorable.

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

STATEMENT OF FACTS:

On 8 Jan 51, the applicant entered the Regular Air Force.

On 21 Jun 51, the applicant was furnished a General (Under Honorable Conditions) discharge under the provisions of AFR 35-66, Discharge Processing Where Homosexual Acts or Tendencies are Involved, and was credited with 5 months and 14 days of active service.

On 25 Jan 79, the Air Force Discharge Review Board concluded that the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The board also concluded that the discharge should not be changed.

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, based on the repeal of DADT.  It is recommended the Board change the applicant’s service characterization to “Honorable,” the narrative reason for separation to “Secretarial Authority” along with corresponding SPD code to “JFF.”  Furthermore, they recommend the discharge regulation for separation be changed from AFR 35-66 to AFR 39-10, “Administration Separation of Airmen.”  

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, U.S.C., Section 654, the law commonly known as “Don’t Ask, Don’t Tell (DADT).”  An excerpt from the aforementioned guidance is provided below:  “Effective September 20, 2011, 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 code to an immediately-eligible-to-renter category (the new RE code should be 1J) 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 discharge was based solely on DADT.  A review of the record does not show any additional misconduct or aggravating factors. 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOAE recommends no action in reference to the RE code as there is no RE Code in the applicant’s records and the DD Form 214 at the time of discharge does not list an RE code either.  The applicant did not address the RE code and is not eligible for reentry into the military based on age restrictions.

On 10 Sep 11, the Under Secretary of Defense issued guidance to repeal DADT policy.  The guidance stated 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.  There were no two digit RE codes back in 1951 and the equivalent to a RE code of a 1J is a 1-- “Eligible”; the only RE codes at the time was 1 for Eligible or 2 Ineligible.
 
A complete copy of the AFPC/DPSOAE evaluation is at Exhibit D.

AFPC/JA recommends approval, based on the repeal of the DADT.

Pursuant to current DoD policy, AFPC/JA agrees with the recommendation of AFPC/DPSOR and AFPC/DPSOAE that the applicant’s discharge warrants a change to the narrative reason for separation and service characterization along with the related RE and SPD 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 12 Nov 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 error or injustice warranting relief.  The applicant is requesting his reason for discharge be corrected based on the repeal of DADT.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was affected at the time of his separation.  However, 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 correct his characterization of service, separation program designator code, and narrative reason for separation.  In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to re-characterize the discharge to honorable 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 21 June 1951, he was discharged with an “honorable” character of service, with a narrative reason for separation of “Secretarial Authority,” a reason and authority of “AFR 39-10, Administrative Separation of Airmen,” and a separation program designator code of “JFF.”

The following members of the Board considered AFBCMR Docket Number BC-2015-02089 in Executive Session on 2 Feb 16 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR-SEP, dated 22 Jun 15.
	Exhibit D.  Memorandum, AFPC/DPSOAE, dated 2 Sep 15.
	Exhibit E.  Memorandum, AFPC/JA, dated 10 Nov 15.
	Exhibit F.  Letter to Applicant, SAF/MRBR, dated 12 Nov 15.