RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03130

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His reentry (RE) code of “2C” be changed to allow him to reenter the military.

APPLICANT CONTENDS THAT:

Due to current laws and regulations the RE code he received is no longer warranted.  The RE code impedes him from reenlisting.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 12 Sep 00, the applicant was honorably discharged with a narrative reason for separation of Homosexual Admission, with the corresponding separation code of HRB and a reentry code of 2C.  

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, United States Code (USC), Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT).”  In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the narrative reason for discharge (the change should be to “Secretarial Authority”), requests to re-characterize the discharge to honorable, and/or request a change to the reentry code to an immediately-eligible-to-reenter category 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.  Although each request must be evaluated on a case-by-case basis, the award of an honorable or general (under honorable conditions) discharge should normally be considered to indicate the absence of aggravating factors.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the application.  On 10 Sep 11, 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; DP2SSM found no aggravating factors. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Apr 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is our opinion that the applicant is the victim of an injustice.  The applicant is requesting his RE code be changed based on the repeal of the law known as “Don’t Ask, Don’t Tell” (DADT).  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected at the time of his separation.  However, in light of the repeal of DADT and noting the applicant’s discharge meets the requirements noted in the Under Secretary of Defense memorandum dated 20 Sep 11, it would be appropriate to correct his RE code along with his narrative reason for separation and corresponding separation code.  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 12 September 2000, he was discharged with a narrative reason for separation of “Secretarial Authority,” separation code of “JFF,” and reenlistment eligibility code of “1J.” 

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03130 in Executive Session on 9 May 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 31May 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2016-03130.