RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03324 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His rank on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect Airman First Class (A1C), instead of Airman Basic (AB). ________________________________________________________________ APPLICANT CONTENDS THAT: Since he was discharged under the Don’t Ask Don’t Tell (DADT) policy for something which is now acceptable in the military, he should be awarded the same A1C rank everyone entering the Security Forces career field today receives. The applicant’s complete submission, with attachment, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant initially entered the Air Force on 3 Mar 98 in the grade of airman basic (E-1). On 21 Aug 98, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “Homosexual Admission” under the provisions of DADT and was credited with 5 months and 19 days of active service. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPRs) which are included at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial indicating there is no evidence of an error or injustice. Individuals may be accessed onto active duty in the grade of A1C if they meet certain prior service or education requirements. A review of the applicant’s enlistment document reveals he was accessed onto active duty as an AB. In addition, effective 20 Aug 01, individuals initially enlisting for a period of six years are promoted from AB or Airman to A1C upon completion of technical training. This policy does not pertain to the applicant as he enlisted for a period of four years and the policy did not become effective until three years after his discharge. Finally, in accordance with AFI 36-2502, Airman Promotion Program, an AB is eligible for promotion to Airman at six months time-in-grade (TIG). The immediate commander must recommend the promotion before the airman assumes the higher grade. The applicant was discharged before he had attained six months of TIG. His rank at the time of his discharge was not affected by his discharge under DADT. A complete copy of the AFPC/DPSOE evaluation is at Exhibit C. AFPC/DPSOR recommends the applicant’s service characterization reflected on his DD Form 214 be changed to “Honorable,” the narrative reason for separation be changed to “Secretarial Authority,” the separation program designator (SPD) code be changed to “JFF,” and the reentry (RE) code be changed to “1J.” On 10 Sep 11, the Under Secretary of Defense issued guidance pertaining to correction of military record requests resulting from the repeal of Title 10, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT),” which indicates that, effective September 20, 2011, Service Discharge Review Boards should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” and Separation program Designator Code (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. A review of the applicant’s discharge record does not indicate the existence of aggravating factors, i.e., an additional basis for discharge for misconduct or performance related issues. The applicant was discharged for making a statement that he was a homosexual or words to that effect. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. AFPC/DPSOA recommends the applicant’s RE code be changed to “1J.” On 10 Sep 11, the Under Secretary of Defense issued guidance to repeal the DADT policy. The guidance stated requests to change the RE Code to “1J” should be granted for members separated under DADT or similar policy that did not involve aggravating factors. A thorough search of the applicant’s record did not reveal any aggravating factors. A complete copy of the AFPC/DPSOA evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 Mar 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s request to correct his records to reflect he had attained the grade of AIC. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSOE and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice concerning adjusting his rank. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice related to the applicant’s character of service, narrative reason for separation, and reentry (RE) and separation program designator (SPD) codes. In this respect, we agree with the opinions and recommendations of AFPC/DPSOR and AFPC/DPSOA and adopt their rationale as the basis for our conclusion that in view of the repeal DADT, it would be in the interest of justice to correct the applicant’s record 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 21 August 1998, he was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” separation program designator (SPD) code of “JFF,” reentry (RE) code of “1J,” and was furnished an Honorable discharge certificate. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03324 in Executive Session on 14 May 13, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jul 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 24 Sep 12. Exhibit D. Letter, AFPC/DPSOR, dated 10 Dec 12. Exhibit E. Letter, AFPC/DPSOA, dated 19 Feb 13. Exhibit F. Letter, SAF/MRBR, dated 8 Mar 13. Panel Chair