RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02385 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation, separation program designator (SPD) and reentry (RE) code be changed to allow her to reenter military service. ________________________________________________________________ APPLICANT CONTENDS THAT: She does not have a personality disorder. She left military service because she was a lesbian and was not a good fit for the military. She is revisiting the idea of joining the military since the repeal of the Don’t Ask Don’t Tell (DADT) policy. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty in the Regular Air Force on 15 May 07. On 5 Jun 07, the applicant expressed she wanted to leave military service, made homosexual admission, and attempted suicide. On 11 Jun 07, the applicant’s commander notified her that he was recommending her discharge from the Air Force for a condition that interfered with military service (mental disorder). The basis for the proposed action was the 6 Jun 07 diagnosis by the Behavioral Analysis Service of Adjustment Disorder with mixed anxiety and depressed mood. On 11 Jun 07, the applicant acknowledged receipt of the notification of discharge and waived her rights to consult legal counsel and to submit a statement in her own behalf. On 11 Jun 07, the case was determined to be legally sufficient and the discharge authority directed the applicant be furnished an entry-level separation. On 15 Jun 07, the applicant was furnished an entry-level separation with uncharacterized service and a narrative reason for separation of “Personality Disorder,” along with an SPD code of “JFX” and RE code of “2C,” (involuntarily separated with an honorable discharge, or entry-level separation without characterization of service). She was credited with one month and one day of active service. Airmen are given entry-level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize a member’s limited service when separation is initiated within the first 180 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. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR will administratively correct the applicant's separation code to reflect "JFY" and the narrative reason for separation to "Adjustment Disorder," unless otherwise directed by the board. A review of the applicant's record reveals there was an error in the applicant's separation record. Her DD Form 214 incorrectly reflects she was discharged from the Air Force with a separation code of "JFX" and a narrative reason of "Personality Disorder." This does not infer that the applicant's separation from the Air Force was unjust or improper, rather the separation code entered on her DD Form 214 was incorrect. Since the applicant was diagnosed with an Adjustment Disorder with depressed mood, the DD Form 214 should have reflected a separation code of "JFY" and narrative reason of "Adjustment Disorder." Although corrective action is warranted with respect to the applicant’s SPD code and narrative reason for separation, said corrective action will not result in a more favorable reenlistment condition than what currently appears on the applicant's DD Form 214. The applicant’s uncharacterized character of service and RE are correct and in accordance with DoD and Air Force Instructions. The complete AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant's request for changing her RE code. The applicant is basing her support for her requested changed on the repeal of DADT. However, she was not discharged under the DADT or similar program. She was discharged under Conditions that Interfere with Military Service. AFPC/DPSOS validated the applicant's discharge processing and identified the applicant's reason for separation should be corrected and that her uncharacterized character of service and RE code 2C would not be affected by recommended change to the narrative reason for separation and SPD code. The complete AFPC/DPAPP evaluation is at Exhibit D. ________________________________________________________________ APPLICANT REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 30 Aug 12 for review and comment within 30 days (Exhibit E). 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting correction of the applicant’s record to allow her to reenlist. We took notice of the applicant’s complete submission in judging the merits of the case; however, we are not convinced the applicant’s uncharacterized service represents an injustice. In this respect, we note that in accordance with Department of Defense (DoD) policy Airmen are given entry-level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service, regardless of the basis for the action. While it is clear the applicant’s homosexual admission precipitated her entry-level separation, the fact remains that she was discharged due to her Adjustment Disorder and her service was uncharacterized due to the duration of said service, not because of her homosexual admission. We also note the RE code 2C the applicant received is correct and accurately reflects that she was furnished an entry-level separation with uncharacterized service. As for her narrative reason for separation and SPD code, we note that while the applicant was diagnosed with an Adjustment Disorder, her DD Form 214 erroneously reflects a narrative reason for separation of “Personality Disorder” and SPD code of “JFX.” We note that AFPC/DPSOR has indicated they will administratively correct the applicant’s record to reflect the appropriate narrative reason for separation and SPD code and, although the recommended changes will not provide the applicant with the relief she seeks, we agree with their determination and, therefore, have no objection to the administrative correction. We also note the applicant has not expressed any objection to the proposed administrative correction. Therefore, in view of the above, we find no basis to correct the record as requested by the applicant. ________________________________________________________________ THE BOARD DETERMINES 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-2012-02385 in Executive Session on 28 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 May 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 10 Jul 12. Exhibit D. Letter, AFPC/DPSOA, dated 2 Aug 12. Exhibit E. Letter, SAF/MRBR, dated 30 Aug 12.