ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02621 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his discharge he had no other option, but since the repeal of “Don’t Ask Don’t Tell (DADT)”, he would like his discharge upgraded so he can reenlist into military service. The applicant’s complete submission is at Exhibit G. ________________________________________________________________ STATEMENT OF FACTS: A similar appeal was considered and denied by the Board on 10 Jan 08. For an accounting of the facts and circumstances surrounding the applicant’s request, and the rationale for the earlier decision by the Board, see the Record of Proceedings, with Exhibits, at Exhibit F. 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, the law 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. By DD Form 149, dated 11 Sep 12, the applicant requests reconsideration to have his discharge upgraded based on the repeal of DADT. The applicant's complete submission, with attachment, is at Exhibit G. ________________________________________________________________ THE BOARD CONCLUDES THAT: Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting partial relief. The applicant is now requesting his UOTHC discharge be upgraded to honorable based on the repeal of DADT. We previously noted the applicant’s DD Form 214 reflects that he received an uncharacterized entry-level separation and not an UOTHC discharge. We further noted that an uncharacterized separation is not an unfavorable reflection upon the applicant’s military service and should not be confused with other types of separation. Again, the entry-level separation with uncharacterized service is used in cases where the service member has not completed more than 180 days of service at the time of separation. No evidence has been presented which would lead us to believe his entry-level separation 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 Don’t Ask, Don’t Tell (DADT) the Service Discharge Review Boards can 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. In the applicant’s case he does not meet the criteria to re-characterize his service to honorable under the Repeal of Don’t Ask, Don’t Tell based on his receiving an entry-level separation. The Board does find the evidence of record, warrants a change in the applicant’s narrative reason for separation and separation code under the Repeal of Don’t Ask, Don’t Tell. 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 he was issued a narrative reason for separation of “Secretarial Authority” rather than “Homosexual Acts,” and a separation code of “KFF” rather than “HRA” in conjunction with his 14 September 1987 entry-level separation with uncharacterized service. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2007-02621 in Executive Session on 23 May 13, under the provisions of AFI 36-2603: All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit F. Record of Proceedings, dated 4 Jan 08, w/Exhibits. Exhibit G. DD Form 149, dated 11 Sep 12.