RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03303 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation of “Homosexual Acts” be changed to “Early Release” on his DD Form 214, Certificate of Release or Discharge from Active Duty. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. When the narrative reason for separation was annotated on his DD Form 214, times were different in the United States armed services. The laws have changed over the past 21 years regarding homosexuality. 2. He served his country with honor and dignity as a gunner on a B-52 Bomber. He was commended numerous times by his squadron and wing commander. In addition, he was selected as airman of the year for Carswell Air Force Base (AFB), Texas. In support of his request, the applicant provides copies of his AF Forms 909, Airman Performance Report (APR) (Airman Basic thru Senior Airman). The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 Mar 88, the applicant enlisted in the Regular Air Force. On 11 Jan 90, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen. The applicant acknowledged receipt of the discharge notification and, after consulting with counsel, offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent upon his receipt of no less than an honorable discharge. The specific reason for this action was: On or about 30 May 89, the applicant wrongfully committed an indecent act with another male person, by allowing him to perform fellatio on him. For this misconduct, he received non-judicial (NJP) under Article 15, Uniform Code of Military Justice (UCMJ); reduction to the grade of airman first class with a new date of rank of 5 Jan 90. On 16 Jan 90, the base legal office found the case legally sufficient to support the basis for discharge and recommend an honorable discharge. The discharge authority approved the discharge. On 17 Jun 90, the applicant was honorably discharged by reason of Homosexual Acts, after serving 1 year, 10 months and 3 days of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI) Clarksburg, WV, states they were unable to identify an arrest record on the basis of the information furnished (Exhibit C). _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial of the applicant’s request to change his narrative reason for separation to “Early Release.” However, they recommend the applicant’s narrative reason for separation be changed to “Secretarial Authority” and his separation program designator (SPD) code be changed to “JFF.” “Effective 20 Sep 11, Service Discharge Review Boards (DRBs) should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority”), SPD code “JFF”, requests to re-characterize the discharge to honorable, and/or requests to change the reentry (RE) code to an immediately-eligible-to-reenter category (the new RE code should be 1J) when both of the following conditions are met: 1) the original discharge was based 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 each request must be evaluated on a case-by-case basis, the award of an honorable or general discharge should normally be considered to indicate the absence of aggravating factors.” The applicant’s discharge was prior to the enactment of DADT and a review of his records does not indicate aggravating factors; an additional basis for discharge for misconduct or performance related issues. DPSOS notes the applicant did submit a conditional board waiver. However, since the initiating commander recommended an honorable discharge characterization and stated there was no other derogatory information apart from an Article 15 for the same incident which formed the basis for discharge. The acceptance of the board waiver by the discharge authority did not alter or otherwise affect the applicant’s honorable discharge characterization. The complete DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he agrees with the findings in the letter dated 15 Feb 12, recommending his DD Form 214 be changed to “Secretarial Authority” and SPD code be changed to “JFF”. The applicant’s complete response, with attachments, is at Exhibit F. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief. Although it would not be proper to omit the narrative reason for the applicant’s discharge from the DD Form 214, in light of the repeal of Don’t Ask, Don’t Tell (DADT) and the applicant’s record of performance it would be appropriate to change the narrative reason to “Secretarial Authority” and the RE code to 1J. In a memorandum, dated 20 September 2011, 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 “Secretarial Authority” and the RE code 1J) when both of the following conditions are met: 1) the original discharge was based solely on 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, 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 on 17 January 1990, he was honorably discharged with a narrative reason for separation of “Secretarial Authority” rather than “Homosexual Acts,” a separation code of “JFF” rather than “HRA,” and a Reenlistment Code of “1J” rather “2C.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03303 in Executive Session on 19 Apr 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. AFPC/DPSOS, Letter, dated 15 Feb 12. Exhibit D. SAF/MRBC, Letter, dated 29 Feb 12. Exhibit E. Applicant’s Letter, dated 21 Mar 12