RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03642

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  Her reentry (RE) code of “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed.

2.  Her narrative reason for separation (Homosexual Admission) be changed.

APPLICANT CONTENDS THAT:

It is no longer a rule to be discharged on the basis of being homosexual.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 27 September 2000.

On 18 May 2001, the applicant was notified by her commander of his intent to recommend that she be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208.  The specific reason was on 2 May 2001, the applicant made a statement in writing to her commander that she was bisexual, or words to that effect.  Her statement created a rebuttal presumption that she engaged in, attempted to engage in, had the propensity to engage in, or intended to engage in homosexual acts.

The applicant was advised of her rights in this matter and after consulting with counsel the applicant submitted a conditional waiver, dated 22 May 2001, requesting an honorable discharge.

On 11 June 2001, in a legal review of the case file, the deputy staff judge advocate found the case legally sufficient.  The discharge authority concurred with the recommendation.

On 4 July 2001, the applicant was furnished an honorable discharge, and was credited with 9 months and 8 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 D.

AIR FORCE EVALUATION:

AFPC/DP3ST recommends approval indicating the RE code should be changed to 1J--(Eligible to reenlist, but elects separation).

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 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.  

A complete copy of the AFPC/DP3ST evaluation is at Exhibit C.

AFPC/DP2STM-SEP recommends approval indicating the applicant’s narrative reason for separation should be changed to “Secretarial Authority” and the corresponding SPD code to “JFF”.

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 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 at the time, the applicant’s discharge record indicates the discharge was based solely on DADT.  There does not appear to be any additional misconduct or aggravating factors in the record.  This is further evidenced by the honorable discharge service characterization.

A complete copy of the AFPC/DP2STM-SEP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 23 March 2016 for review and comment within 30 days (Exhibit E).  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.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however, it is in the interest of justice to waive 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 recommendations, it would be appropriate to change the narrative reason for separation and corresponding separation program designator (SPD) code.  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 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 July 2001, she was discharged with 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-2015-03642 in Executive Session on 13 September 2016, 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-2015-03642 was considered:

  Exhibit A.  DD Form 149, dated 20 August 2015, w/atch.
  Exhibit B.  Applicant’s Military Personnel Record.
  Exhibit C.  Memorandum, AFPC/DP3ST, dated 16 December 2015.
  Exhibit D.  Memorandum, AFPC/DP2STM, dated 11 March 2016.
  Exhibit E.  Letter, AFBCMR, dated 23 March 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.