RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04068

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, Narrative Reason for Separation be changed from Homosexual Conduct to Completed Required Term of Service or something similar.

APPLICANT CONTENDS THAT:

He is unable to apply for Veteran Affairs benefits with this type of Narrative Reason for Separation.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 09 Jun 00, the applicant was furnished an Honorable discharge with a narrative reason for separation of Homosexual Conduct with a separation code of HRB as an Airman First Class and was credited with 1 year, 4 months and 12 days of active service.

On 20 Sep 11, the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 USC 654 was repealed.  The Department of Defense subsequently issued guidance indicating that Service Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge, requests to re-characterize the discharge to honorable, and/or requests to change the reentry code when both of the following conditions were 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.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C, Exhibit E and Exhibit F.

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends granting the application concluding that although the discharge was properly processed according to the applicable regulation at the time, the applicant’s discharge record indicates his discharge was based solely on DADT.  There does not appear to be any additional misconduct or aggravating factors in the record which is further evidenced by the honorable discharge service characterization.  The complete advisory is at Exhibit C.

AFPC/DP2SSM (Reenlistments) recommends correcting the applicant’s RE code to 1J (Eligible to reenlist, but elects separation), advising that although the applicant did not request this action, per DADT policy guidance, this action should be granted to members separated under DADT or similar policy that did not involve aggravating factors.  The complete advisory is at Exhibit E.

AFPC/JA recommends granting the applicant’s request to change the Narrative Reason for Separation.  The applicant’s discharge was based solely on DADT and there were no apparent aggravating factors in his record.  The legal review conducted at the time of discharge noted the applicant’s “military record reflects that he has no misconduct.  There are no negative aspects of his record.”  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 04 Oct 17 for comment (Exhibit D), and on 12 Jul 18 (Exhibit G), 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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM-SEP, AFPC/DP2SSM-Reenlistments and AFPC/JA finding 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 his DD Form 214, issued in conjunction with his 09 Jun 2000 separation, be amended to read in block 26, “JFF,” block 27, “1J,” and block 28, “Secretarial Authority”.

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-2016-04068 in Executive Session on 22 Aug 18:

, 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 04 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM/SEP, dated 28 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 04 Oct 17.
Exhibit E:	Advisory, AFPC/DP2SSM/Reenlistments, dated 28 Jun 18.
Exhibit F:	Advisory, AFPC/JA, dated 02 Jul 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Jul 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.