RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04114
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, of “Admitted Homosexual or Bisexual” be removed.   

APPLICANT CONTENDS THAT:

Due to the revocation of Don’t Ask Don’t Tell (DADT), his record should be corrected. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Jan 89.  

On 15 May 91, the applicant requested his commander discharge him claiming he had come to terms with his homosexuality. 

On 30 May 91, the applicant’s commander notified him he was recommending his discharge based on the fact the applicant admitted he was a homosexual.  The applicant acknowledged receipt of the notification, his legal right to counsel, and his right to submit statements in his own behalf.  

On 6 Jun 91, the applicant’s commander recommended him for discharge, the case was reviewed and determined to be legally sufficient, and the discharge authority directed the applicant be discharged with an Honorable discharge, without probation or rehabilitation.   

On 7 Jun 91, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Admitted Homosexual or Bisexual,” a separation program designator (SPD) code of “HRB,” and was credited with two years, four months, and eight days of active service.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibits C.

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  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).”  An excerpt from the aforementioned guidance states, “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.”  In contrast to the DRB, the BCMR has a significantly broader scope of review and is authorized to provide much more comprehensive remedies than are available from a DRB.  Upon finding an error or injustice, BCMRs may fashion the remedy they find necessary and appropriate within applicable legal limits.  

Although the applicant’s discharge was properly processed according to the applicable regulation at the time, the applicant’s records indicates his discharge was based solely on DADT, without additional aggravating factors.  This is further evidenced by the fact the applicant received an honorable discharge.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Sep 16 for review and comment within 30 days (Exhibit D).  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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of AFPC/DP2STM-SEP and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records 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 on 7 June 1991, he was discharged with a narrative reason for separation of “Secretarial Authority,” and a separation program designator (SPD) code of “JFF,” and a reentry code of “1J.” 

The following members of the Board considered AFBCMR Docket Number BC-2015-04114 in Executive Session on 24 Jan 17 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-2015-04114 was considered:

	Exhibit A.  DD Form 149, dated 21 Sep 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated 24 Aug 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 16.

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.