RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03420

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect:

1. Correct spelling of her name. (Administratively resolved)

2. Correct her foreign service dates for Operation Southern Watch. (Administratively resolved)

3. Add Operation Southern Watch Armed Forces Expeditionary Medal. (Administratively resolved)

4. Add Persian Gulf Campaign Medal. (Administratively resolved)

5. Add military education courses (Sun workstation Maintenance, Solaris 8 TCP/IP Network Administration). (Administratively resolved). 

6. Change Separation Code (SPD), Re-entry (RE) Code, and Narrative Reason for Separation.

APPLICANT CONTENDS THAT:

The requested relief regarding correcting the spelling of her name will alleviate the hardship of having to verify the authenticity of her DD Form 214.  The correction of her foreign service time and medals will verify her Gulf War service, making her eligible for needed medical support.    Changing her SPD, RE code, and Narrative Reason for Separation, will comply with the DADT Repeal Act of 2010 and 2011 DoD Policy.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant received an honorable discharge, Narrative Reason for Separation: Homosexual Misconduct, 22 Dec 00.  For more information, see the excerpt of the applicant’s record at Exhibit B and the letters and advisories at Exhibits C - I.

On 3 Oct 16, AFPC/DP2SSM notified the applicant an administrative error was made in completing her DD Form 214, and they are recommending her DD Form 214 be changed to reflect the correct spelling of her name (Exhibit C).

On 21 Sep 17, AFPV/DPAPP notified the applicant they were able to verify her foreign service dates at Dhahran AB, and at Osan AB, and requested her DD Form 214 be corrected to reflect 1 year, 2 months, and 2 days (Exhibit E).  

On 15 Nov 17, AF Training Section issued a Form 6, DD Form 214/215 Action Order, recommending adding the Sun workstation Maintenance Course, Solaris 8 TCP/IP Network Administration, to the applicants DD Form 214 (Exhibit I).  
AIR FORCE EVALUATION:

AIR FORCE EVALUATION.  SAF/MR provided a memorandum of guidance with regard to name changes.  The memorandum is advisory only and is not intended to predetermine outcomes or otherwise restrict the AFBCMR's statutory authority under 10 U.S.C. §1552, where there is error or injustice.  The memorandum notes that the DD Form 214 is a document primarily created for the benefit of the veteran to establish entitlement to various government programs or in seeking employment with organizations that grant a veterans' preference. A meeting of the Directors of the Army and Air Force Review Boards and SES representatives from the Navy M&RA, OSD/GC, and OUSD/P&R concluded that a records correction, limited to the DD Form 214, was a reasonable outcome when the applicant demonstrates that allowing the DD F o r m 214 to remain uncorrected would constitute an injustice, even if it were technically correct when issued.    The complete advisory is at Exhibit D.   

AFPC/DP2STM recommends granting the application regarding changing the Narrative Reason for Separation and the corresponding SPD code.  Effective 20 Sep 11, 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 the discharge was properly processed according to the applicable regulation at the time, the applicant’s discharge record indicates discharge was based solely on DADT.  There does not appear to be any additional misconduct or aggravating factors in the record. The complete advisory is at Exhibit F.  

AFPC/DP2SSM recommends granting the application regarding changing the RE code to 1J (Eligible to reenlist, but elects separation).  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.  A thorough search of applicant’s available records did not reveal any aggravating factors.  The complete advisory is at Exhibit G.  

AFPC/DP3SP recommends no action required.  Based on their review of the applicant's official military personnel record, they were able to determine that the Southwest Asia Service Medal (SW ASM) and Korean Defense Service Medal (KDSM) should have been awarded during the applicant's service from 15 Feb 95 to 22 Dec 00 and were not reflected in her records. Administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2STM.  The complete advisory is at Exhibit H.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 11 Dec 17 for comment (Exhibit J), 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 the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendations of AFPC/DP2STM, AFPC/DP2SSM, AFPC/DP3SP, and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 that on 22 Dec 00, she was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” and Reentry (RE) 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-2016-03420 in Executive Session on 17 Jul 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 17 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFPC/DP2SSM, dated 3 Oct 16.
Exhibit D:	Letter, AFBCMR, dated 20 Oct 16.
Exhibit E:	Letter, AFPC/DPAPP, dated 21 Sep 17.
Exhibit F:	Advisory opinion, AFPC/DP3STM, dated 2 Oct 17.
Exhibit G:	Advisory opinion, AFPC/DP2SSM, dated 4 Oct 17.
Exhibit H:	Form 6, AF Training Section, received 15 Nov 17.  
Exhibit I:	Advisory opinion, AFPC/DP3SP, dated 29 Nov 17.
Exhibit J:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Dec 17.

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 BC-2016-03420.