RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02613

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

His narrative reason for separation (Homosexual Acts) be changed.

APPLICANT CONTENDS THAT:

He was discharged because someone accused him of a homosexual act; however, no evidence of the accusation was found during the discharge processing.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 March 1981.

On 24 November 1981, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12.  The specific reasons follow:

	  a.  In September 1981 and on 5 October 1981, the applicant and another airman performed sexual acts on one another.

	  b.  On 19 October 1981, several letters containing homosexual connotations and overt homosexual comments addressed to the applicant were found secreted in a suitcase in his locker in his dormitory room.

The applicant was advised of his rights in this matter and after consulting with counsel, the applicant submitted a conditional waiver requesting a general discharge.  The discharge authority concurred with the recommendation.

On 4 December 1981, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 8 months and 15 days of total active service.

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C through E.

AIR FORCE EVALUATION:

AFPC/DPSOA recommends changing the applicant’s RE code to 1J.  DPSOA states that on 10 September 2011, the Under Secretary of Defense issued guidance to repeal DADT policy.  The guidance 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.  A thorough search of the applicant’s records did not reveal any evidence of misconduct

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

AFPC/DPSOR recommends approving the applicant’s request to change his narrative reason for separation to “Secretarial Authority,” the corresponding SPD code to “JFF” and his character of service to honorable.

On 10 September 2011, 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 follows:  “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 at the time, the applicant’s discharge record indicates that the discharge was based solely on DADT.  A review of his record did not reveal any additional misconduct or aggravating factors.

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

AFPC/JA recommends approval.  AFPC/JA states the recommendations from DPSOA and DPSOR are consistent with the circumstances of the discharge.  Specifically, AFPC/JA’s review of the applicant’s records uncovered no aggravating factors.  This is supported by the general service characterization given in the administrative discharge process.

The records support that 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.  Due to the repeal of “DADT” and subsequent guidance, they concur with each of these recommended changes.

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 3 December 2015 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.  In light of the repeal of DADT, the applicant’s record of performance and the Air Force OPR’s recommendation, it would be appropriate to change the characterization of service, the reason and authority, and the narrative reason for separation and corresponding separation program designator (SPD) code.  In a memorandum, dated 20 September 2001, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the narrative reason for separation, corresponding SPD code, and upgrade the service characterization, 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.  Additionally, the Board approves to correct the applicant’s reentry code to 1J.  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 4 December 1981, he was discharged with a service characterization of "Honorable", a narrative reason for separation of “Secretarial Authority,” a separation program designator code of “JFF,” and a reentry code of “1J.”

The following members of the Board considered AFBCMR Docket Number BC-2015-02613 in Executive Session on 15 March 2016, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02613 was considered:

  Exhibit A.  DD Form 149, dated 16 June 2015.
  Exhibit B.  Applicant’s Military Personnel Record.
  Exhibit C.  Memorandum, AFPC/DPSOR, dated 5 November 2015.
  Exhibit D.  Memorandum, AFPC/DPSOA, dated 12 November 2015.
  Exhibit E.  Memorandum, AFLOA/JAJM, dated 16 November 2015.
  Exhibit F.  Letter, AFBCMR, dated 3 December 2015.