RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2016-00670
		
XXXXXXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  Her reentry (RE) code be changed from 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” to 1J, “Eligible to reenlist, but elects separation.” (Will be administratively corrected)

2.  Her service dates be corrected. (Will be administratively corrected)

APPLICANT CONTENDS THAT:

In light of the repeal of the Don’t Ask, Don’t Tell (DADT), her RE code should be changed to indicate she was eligible to reenlist.

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

STATEMENT OF FACTS:

On 27 March 1980, the applicant enlisted in the Regular Air Force.

On 25 February 1985, the applicant’s commander notified her he was recommending her discharge from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for homosexuality.  The specific reason for this action was the applicant engaged in homosexual activities in August 1984 and made statements that she was bisexual and homosexual.

On 25 February 1985, the applicant acknowledged receipt of the discharge notification and on 25 March 1985, she waived her right to a hearing before an administrative discharge board and indicated she would not submit statements in her own behalf.

On 4 April 1985, the Staff Judge Advocate found the discharge legally sufficient.

On 5 April 1985, the discharge authority directed the applicant be discharged with a general (under honorable conditions) character of service. Probation and rehabilitation were deemed inappropriate.

On 9 April 1985, the applicant was discharged from the Air Force, with service characterized as general (under honorable conditions).  Her narrative reason for separation is “Homosexuality-Acts.”  She was credited with 5 years and 13 days of total active service.

Via DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, dated 11 October 1985, the applicant requested the Air Force Discharge Review Board (AFDRB) change her discharge to honorable and change the reason for discharge to “Administrative Actions Only.”

On 14 November 1986, the AFDRB concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  However, the board determined that the overall quality of the applicant’s service was more accurately reflected by an honorable character of service.  Further upgrade of the applicant’s discharge was not considered appropriate because there was no legal or equitable basis to change the reason for discharge.

In a memorandum dated 23 January 1987, the Air Force Personnel Center informed the applicant of the AFDRB’s decision and provided her with an updated DD Form 214, changing her character of service to honorable.

In a letter dated 21 September 2016, APFC/DP2STM informed the applicant that in response to her request to correct her military records, the RE code on her DD Form 214, Certificate of Release or Discharge from Active Duty, will be corrected.

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

AIR FORCE EVALUATION:

AFPC/DP3ST recommends granting the applicant’s request to change her RE code to 1J, indicating there is evidence of an error or injustice.  On 10 September 2011, the Under Secretary of Defense issued guidance to repeal the 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 available records did not reveal any aggravating factors, and the discharge was based solely on the DADT policy at that time.

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

AFPC/DP2STM recommends changing the applicant’s separation code and corresponding narrative reason for separation.  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 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] JFF), requests to re-characterize the discharge to honorable, and/or requests to change the reentry (RE) 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 applicant’s discharge was processed according to the applicable regulation, her record indicates her discharge was based solely on DADT or a similar policy and did not involve aggravating factors, which is further evidenced by the AFDRB’s determination to upgrade the applicant’s service characterization to honorable.  Although the applicant did not specifically request it, in the interest of justice, AFPC/DP2STM recommends changing the applicant’s separation code to reflect “JFF” and the corresponding narrative reason for separation to reflect “Secretarial Authority.”

A complete copy of the AFPC/DP2STM evaluation, with attachment, is at Exhibit D.

AFPC/DP2LT verified, via an AFBCMR Action Order, that the applicant served continuously on active duty from 27 March 1980 through 9 April 1985 for a period of 5 years and 13 days.  Upon final Board decision, administrative correction of the applicant’s DD Form 214 will be completed by AFPC/DP2STM. 

A complete copy of the AFPC/DP2LT evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 14 October 2016 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  Therefore, we recommend the applicant’s records be corrected as set forth below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 April 1985, she was discharged with a narrative reason for separation of “Secretarial Authority,” and a separation code of “JFF.”

The following members of the Board considered AFBCMR Docket Number BC-2016-00670 in Executive Session on 18 May 2017, 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-2016-00670 was considered:

Exhibit A.  DD Form 149, dated 15 February 2016, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3ST, dated 16 June 2016.
Exhibit D.  Memorandum, AFPC/DP2STM, dated 21 September 2016, 
  w/atch.
Exhibit E.  Memorandum, AFPC/DP2LT, dated 21 September 2016.
Exhibit F.  Letter, AFBCMR, dated 14 October 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 Boards proceedings.