RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02744
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect she was authorized and awarded the following:  

a.  Iraqi Campaign Medal (ICM)(administratively corrected).  

b.  Air Force Expeditionary Service Ribbon (AFESR) (administratively corrected).

Her narrative reason for separation of “Homosexual Act” annotated on her DD Form 214 be removed.  

APPLICANT CONTENDS THAT:

She was awarded the ICM and AFESR upon the completion of her tour of duty to Ali Air Base, Iraqi; however, they are not annotated as awards and decorations on her DD Form 214.

Her narrative reason for separation should be removed from her records because she did not go before a board regarding the accusations against her and she signed an agreement stating the Air Force would not seek a board if she separated at the end of her enlistment.  She honorably served for six years as a heterosexual, married woman and has two children.  The statement annotated on her DD Form 214 is embarrassing.  Lastly, with the repeal of “Don’t Ask, Don’t Tell (DADT)” by President Obama, it is even more unjust for the statement to remain on her record.  It promotes unfair personal judgement by future employers.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 24 May 2000.  

On 23 MAY 2006, the applicant was honorably discharge, with a narrative reason for separation of “Homosexual Act,” issued a separation code of “GRA”, and a reentry code (RE) of “1J” (eligible to reenlist but elected to separate).  She was credited with 6 years of active service.  

The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, D, E and F.  

AIR FORCE EVALUATION:

AFPC/DPSOR recommends approval of the applicant’s narrative reason for separation to reflect “Secretarial Authority” and the corresponding separation program designator (SPD) code to reflect “JFF” (Secretarial Authority).  On 20 September 2011, the law commonly known as “Don’t Ask, Don’t Tell,” Title 10 United States Code (U.S.C.) Section 654, was repealed.  The Department of Defense subsequently issued guidance indicating that Service Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge, requests to re-characterize the discharge to honorable, and/or requests to change the reentry code to “1J” when both of the following conditions were 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 the applicant’s discharge was processed according to the applicable regulation, her record indicates the discharge was based solely DADT or a similar policy and did not involve aggravating factors.  This is further evidenced by the honorable discharge service characterization given to the applicant by the base discharge authority.  Accordingly, the applicant’s narrative reason for separation and her SPD code should be changed.  

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

AFPC/DPSOA has no recommendation.  The applicant erroneously received an RE code of 1J, as she did not separate voluntarily but was involuntarily separated with severance pay.  Her correct RE code was 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service), based on the involuntary discharge with an honorable character of service.  In accordance with the guidance to repeal the DADT policy, 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 the applicant’s record did not reveal any aggravating factors.  However, the applicant’s DD Form 214 already reflects a RE code 1J which is in line with the Under Secretary of Defense 10 September 2011 guidance.  

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
AFPC/DP3SP states no action is required in regards to the applicant’s request for award of the ICM and AFESR.  After a thorough review of the applicant’s official military personnel record, her entitlement to award of the Iraq Campaign Medal with one Bronze Service Star (ICM w/1BSS) and the Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/GB) were verified.  Specifically, the applicant provided two unit issued certificates for deployed service with the 777th Expeditionary Aircraft Maintenance Squadron, Ali Base, Iraq from 28 April 2005 to 31 August 2005.  In addition, the applicant’s AF IMT 910, Enlisted Performance Report (AB thru TSGT), during the period 24 January 2005 thru 23 January 2006, states she was deployed for 128 days to Ali Base, Iraq in support of Operation IRAQI FREEDOM.  As such, her records were administratively corrected to reflect her award of the ICM w/1BSS and the AFESR w/GB.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit E.

AFPC/JA recommends approval of the applicant’s narrative reason for separation to reflect “Secretarial Authority” and the corresponding SPD code to reflect “JFF”.  The applicant’s records uncovered no aggravating factors.  This is supported by the honorable service characterization given in the administrative discharge process.  The records support that actions by the Air Force complied with the law, regulations and applicable policy in effect at the time, pursuant to current Department of Defense (DoD) policy guidance.  Due to the repeal of “DADT” and subsequent guidance, as well as, the recommendations of AFPC/DPSOR and AFPC/DPSOA, the applicant’s discharge warrants a change to the narrative reason for her discharge, along with the related SPD and RE codes.  
 
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 11 January 2016 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice in regards to the applicant’s narrative reason for separation.  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 to 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.  In view of the foregoing, we agree with the opinions and recommendations of DPSOR and JA and adopt their rationale expressed as the basis for our decision that the applicant has been the victim of an error and injustice and relief is appropriate.  With regard to the applicant’s RE code, we note that her record currently contains an RE code of 1J and therefore no action by the Board is required.  With regard to the applicant’s request for the ICM and the AFESR, we note that DP3SP has administratively corrected these awards to include awarding him the ICM w/1BSS and AFESR w/GB and we are in agreement with the recommended administrative correction.  Therefore, in view of the above, we recommend the applicant’s records be corrected to the extent 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 23 May 2006, in conjunction with her honorable discharge she was issued a narrative reason for separation of “Secretarial Authority” rather than “Homosexual Act”, and issued a separation code of “JFF” rather than “GRA”.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02744 in Executive Session on 10 March 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02744 was considered:
	
	Exhibit A.  DD Form 149, dated 23 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 2 September 2015.
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 15 October 2015.
	Exhibit E.  Memorandum, AFPC/DP3SP, dated 9 December 2015.
	Exhibit F.  Memorandum, AFPC/JA, dated 22 December 2015.
	Exhibit G.  Letter, AFBCMR, dated 11 January 2016.