RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03766

XXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His Narrative Reason for Separation read “Secretarial Authority,” his Separation Program Designator read “JFF”, and his reentry code read “IJ” on his DD Form 214, Certificate of Release or Discharge from Active Duty

APPLICANT CONTENDS THAT:

He was discharged from active duty on the basis of a homosexual act and this discharge did not involve any aggravating factors.  His case meets the criteria necessary to merit an upgrade under the current policy related to the repeal of the law commonly known as Don’t Ask, Don’t Tell (DADT).  This law was deemed unjust for cause for routine dismissal and was repealed.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Senior Airman.  	

On 16 May 97, the applicant wrote a letter to his commander stating he wants to separate from service on the grounds that he was a homosexual.   

On 27 May 97, the applicant was notified of his commander’s intent to discharge him for homosexual conduct according to AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, under the provisions of Section G, paragraph 5.36.2.1.

On 2 Jun 97, the discharge action was found legally sufficient and the discharge was approved on 4 Jun 97.

On 11 Jun 97, the applicant was discharged with an Honorable discharge. 

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).”  Effective 20 Sep 11, 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.

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 injustice.  The applicant is requesting his narrative reason for separation, corresponding separation program designator and reentry code be upgraded based on the repeal of 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 affected at the time of his separation.  However, in light of the repeal of DADT and the applicant’s record of performance, it would be appropriate to upgrade his narrative reason for separation, corresponding separation program designator and reentry code.  In a memorandum dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to re-characterize the discharge to honorable if 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.  Based on our review of the evidence of record, the applicant’s discharge meets these requirements.  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 11 Jun 97, he was discharged with a narrative reason for separation of “Secretarial Authority”, SPD code of “JFF” and reentry code of “1J – Eligible”.

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-2016-03766 in Executive Session on 10 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 9 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, regarding Docket Number BC-2016-03766.