RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01456 

  						COUNSEL: NONE 

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her separation code of “HRB,” reentry (RE) code of “2C,” and narrative reason for separation of “Homosexual Conduct (Statement)” be changed on her DD Form 214, Certificate of Release or Discharge from Active Duty, so she can reenter the military. 

APPLICANT CONTENDS THAT:

The repeal of the “Don’t Ask Don’t Tell” (DADT) policy cancelled the practice of homosexual conduct discharges.  Her recruiter told her she had to get the requested information changed in order for her to reenter the military. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Feb 07.

On 24 Oct 08, the applicant signed a memorandum informing her leadership she is a homosexual and she had the propensity and intent to engage in homosexual acts in the future.  

On 10 Nov 08, the applicant’s commander recommended she be discharged for homosexual conduct, specifically, homosexual statements.  

On 8 Dec 08, while the discharge authority acknowledged there was insufficient evidence to support a finding the applicant engaged in misconduct which would authorize an under other than honorable conditions (UOTHC) discharge, he directed she be discharged with an honorable discharge.  

On 22 Dec 08, the applicant was furnished an honorable discharge, with a Separation Program Designator (SPD) of “HRB,” a Reentry (RE) Code of “2C,” a narrative reason for separation of “Homosexual conduct (Statement),” and she was credited with 1 year, 10 months, and 17 days of active service.   

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

AIR FORCE EVALUATIONS:

AFPC/DP2STM recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The discharge record reflects on 10 Nov 08, the applicant’s commander notified her of her discharge action and board hearing based on applicant’s written statement she was homosexual and she had the propensity and intent to engage in homosexual conduct in the future.

Effective September 20, 2011, Service DRBs should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” with 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.

Recommend the Board approve the applicant’s request. 

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

AFPC/JA 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 in concert with the repeal of “Don’t Ask, Don’t Tell (DADT),” Title 10 U.S.C. § 654.  This guidance stated requests should normally be granted to change the narrative reason for a discharge to “Secretarial Authority,” re-characterize discharges to Honorable, change the Separation Designator Code to “JFF,” and/or to change the reentry code to “1J” [sic] 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.

2.  There were no aggravating factors in the record, such as misconduct.

The applicant meets both of these two conditions.  Her original discharge was based solely on homosexual conduct, with no aggravating factors.  This is further evidenced by her Honorable service characterization.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 1 Feb 17 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; 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinions and recommendations of AFPC/DP2STM and AFPC/JA, and adopt their 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 change her DD Form 214, Certificate of Release or Discharge from Active Duty, separation date 22 December 2008, to reflect a Separation Program Designation code of “JFF,” an RE code of “1J,” and a narrative reason for discharge of “Secretarial Authority.”

The following members of the Board considered AFBCMR Docket Number BC-2016-01456 in Executive Session on 26 Sep 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-2016-01456 was considered:

	Exhibit A.  DD Form 149, dated 6 Apr 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, dated 7 Sep 16.
	Exhibit D.  Memorandum, AFPC/JA, dated 30 Nov 16.
	Exhibit E.  Letter, SAF/MRBR, dated 1 Feb 17.

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