RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01735 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: 1. His Character of Service be corrected to reflect Honorable, instead of “Uncharacterized.” 2. His Separation Program Designator (SPD) Code be corrected to reflect JFF (Secretarial Authority), instead of GRB (Homosexual Admission). 3. His Reentry (RE) Code be corrected to reflect 1J (Eligible to reenlist, but elects to separate), instead of 2C (Involuntarily separated with an honorable discharge; or entry level separation without service characterization of service). 4. His Narrative Reason for Separation be corrected to reflect “Secretarial Authority,” instead of “Homosexual Admission.” ________________________________________________________________ APPLICANT CONTENDS THAT: His records should be changed due to the repeal of Don’t’ Ask, Don’t Tell (DADT) policy. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release of Discharge from Active Duty, and a copy the Under Secretary of Defense memorandum, Correction of Records Following Repeal of Section 654 of Title 10, United States Code, dated 10 Sep 11. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 5 May 05, the applicant commenced his enlistment in the Air Force Reserve. On 7 Dec 05, the applicant’s commander notified him that he was recommending his discharge for homosexual conduct. The specific reason for the action was the applicant’s written statement attesting to difficulty adjusting to the military lifestyle because he was homosexual. The applicant acknowledged receipt of the action and, after consulting with legal counsel, waived his right to an administrative discharge board, or to submit a statement in his own behalf. On 22 Dec 05, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished an entry-level separation. The staff judge advocate noted the applicant was a Reserve member, his active duty orders expired upon his completion basic military training (BMT) and that he was ordered back on active duty for technical training. Airmen are in entry-level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days. The applicant had a break in service of 95 days and was well within 180 days of his reentry onto active duty. The discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. On 5 Jan 06, he was furnished an entry-level separation with uncharacterized service and credited with 6 months and 29 days of total 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: ARPC/DPTS recommends approving the applicant’s request. Under the guidance of DADT, prior to changing an individual’s separation code, RE code, narrative reason for separation, or service characterization, there must be a finding that either an inequity or impropriety exists. The guidance further indicates that the change is only appropriate when the original discharge was based solely on DADT or a similar policy in place prior to the enactment of DADT and there were no aggravating factors in the record, such as misconduct. Based on a review of the applicant's record, his discharge was based solely on the DADT policy and there is no indication of aggravating factors. A complete copy of the ARPC/DPTS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Aug 13 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The application was timely filed. 2. The applicant has exhausted all remedies provided by existing law or regulations. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief. The applicant is requesting his character of service, narrative reason for separation, RE and Separation codes be upgraded based on the repeal of Don’t Ask Don’t Tell. In light of the repeal of DADT the Department of Defense issued guidance designating that Service Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge, upgrade of service characterization and change the RE code when the original discharge was based solely on DADT or a similar policy in place prior to the enactment of DADT, as long as there were no misconduct in the record. While we note the Air Force office of primary responsibility is recommending complete relief, we are not convinced the applicant’s character of service should be upgraded to honorable. In this respect, we note that DoD policy indicates that the Department determined that it would be unfair to characterize a member’s service when discharge action is initiated within the first 180 days of active service. We further note that uncharacterized separation is not an unfavorable reflection upon the applicant's military service nor should it be confused with other types of separation. Rather, an entry-level separation with uncharacterized service is used in those cases where the service member has not yet completed six months of service at the time of separation proceedings were initiated. Therefore, an uncharacterized separation merely denotes the brevity of an individual's membership in the service and may not, in and of itself, be viewed as a defamation of character. Therefore, based on the repeal of the provisions of DADT, we find it appropriate to recommend correcting the applicant’s narrative reason for separation and RE and SPD codes issued in conjunction with his separation. ________________________________________________________________ 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,” a separation program designator (SPD) code of “JFF,” and a reentry code of “1J” in conjunction with his 5 January 2006 entry-level separation with uncharacterized service." ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01735 in Executive Session on 13 Feb 14, 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 3 Apr 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTS, dated 31 Jul 13, w/atch. Exhibit D. Letter, SAF/MRBR, dated 23 Aug 13. Panel Chair AFBCMR BC-2013-01735 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code it is directed that: The pertinent military records of the Department of the Air Force relating to , be corrected to show that he was issued a narrative reason for separation of “Secretarial Authority,” a separation program designator (SPD) code of “JFF,” and a reentry code of “1J” in conjunction with his 5 January 2006 entry-level separation with uncharacterized service. Director Air Force Review Boards Agency 1 2