ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2000-02476-2 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His entry level separation be changed. RESUME OF THE CASE: By virtue of a DD Form 149, dated 14 Dec 00, with attachments, the applicant requested the narrative reason for his 13 Sep 96 separation be changed to allow him to reapply to enter the Air Force. After a thorough review of the applicant’s complete submission and the evidence of record, the Board considered and denied the applicant’s request due to the lack of new evidence or identification of an error or injustice in the discharge processing. On 14 Dec 00, the applicant was notified of the Board’s decision and of his right to request reconsideration, provided he submitted new and relevant evidence. For an accounting of the facts and circumstances surrounding the applicant's discharge, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F (with Exhibits A though E). 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 (RE) 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. By virtue of a DD Form 149, dated 20 Mar 14, the applicant submitted a request for reconsideration. The applicant contends he falsely admitted to homosexual acts in order to facilitate a quick discharge from the Air Force. He states he never was a homosexual; he is married with two children and his false report was a lapse in judgment. He states he only made the statement on impulse and deeply regrets making the false statement. He further contends the discharge type may negatively impact his ability to receive funding to become a helicopter pilot. The applicant’s complete submission is at Exhibit G. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, indicating insufficient evidence has been presented to demonstrate the existence of an error or injustice. In accordance with AFI 36-3208, Administrative Separation of Airmen, Airmen are given entry-level separation with an uncharacterized service characterization when separation is initiated within the first 180 days continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member, and the service, to characterize their limited service. Because he only served 1 month and 13 days when he was properly discharged, the applicant’s type of separation and character of service as indicated on the applicant's DD Form 214 are correct. With regard to his narrative reason for separation and Separation Program Designator (SPD) code, the record indicates discharge was based solely on DADT and did not involve aggravating factors. For that reason, the board should approve the narrative reason for separation change to reflect “Secretarial Authority” and SPD code change to reflect “JFF.” A complete copy of the AFPC/DPSOR evaluation is at Exhibit H. AFPC/DPSOA recommends denial, indicating insufficient evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s RE code. The applicant was administratively discharged on 13 Sep 96 with a narrative reason for separation of “Homosexual Admission,” with uncharacterized service. The applicant received an RE code of 2C—“Involuntarily separated with an honorable discharge; or entry level separation without characterization of service,” based on the administrative discharge without characterization of service. The 10 Sep 11 Under Secretary of Defense guidance repealing DADT states requests to change an RE code to “1J” should be granted for members separated under DADT or similar policy that did not involve aggravating factors. While a thorough search of the applicant’s records did not reveal any aggravating factors, the RE code should remain 2C because of his entry level separation. However, if the Board wishes to recommend granting relief, the RE code should be “3K—Reserved for use by HQ AFPC or the BCMR when no other reenlistment code applies or is appropriate,” instead of “1J.” A complete copy of the AFPC/DPSOA evaluation is at Exhibit I. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit J). 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s entry-level separation with uncharacterized service. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion to that the applicant’s entry-level separation with uncharacterized service, separation program designator (SPD) code, or re-entry (RE) code should not be changed because, irrespective of the repeal of the law commonly known as “Don’t Ask, Don’t Tell,” there is no basis to change the applicant’s type of discharge or RE and SPD codes as the applicant was separated within the first 180 days continuous active service. Therefore, the applicant’s records correctly reflect that he was furnished an entry-level separation with uncharacterized service. With regard to the OPR’s recommendation to change the narrative reason for separation and SPD code, we disagree with OPR’s rationale to grant relief. While the record may indicate his discharge was based solely on DADT and did not involve aggravating factors, we noted the applicant falsely admitted to homosexual conduct for the admitted purpose of obtaining an expedient discharge from the Air Force. Therefore, because the applicant’s predicament is the result of deception on his part and is of his own making, we do not believe it would be in the interest of justice to correct the applicant’s narrative reason for separation of SPD code as recommended by AFPC/DPSOR. Therefore, we find no basis to recommend granting the relief sought in this application. THE BOARD RECOMMENDS THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2000-02476 in Executive Session on 28 Jan 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2000-02476 was considered: Exhibit F. Record of Proceedings, dated 9 Aug 00, with Exhibits A through E. Exhibit G. DD Form 149, dated 9 Nov 13, w/atchs. Exhibit H. Memorandum, AFPC/DPSOR, dated 2 Jun 14. Exhibit I. Memorandum, AFPC/DPSOA, dated 5 Jun 14 Exhibit J. Letter, SAF/MRBR, dated 28 Jul 14, with atchs. 1 2