RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05537 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. Her general (under honorable conditions) discharge be upgraded to honorable. 2. Her Reentry (RE) code be changed from 2B, which denotes “Approved Involuntary Separation with less than Honorable Discharge” to 1J, which denotes “Eligible to Reenlist - Elected Separation or Discharge.” 3. Her separation code of GRA, which denotes “Homosexual Acts” be changed to JFF, which denotes “Secretarial Authority.” APPLICANT CONTENDS THAT: Given the many documents in her record indicating her discharge was carried out pursuant to Don’t Ask, Don’t Tell (DADT), and in light of the changes in the regulations that have taken place since her discharge, the Board should grant relief in the interest of justice. The Board should find it in the interest of justice to consider her untimely application because through the repeal of DADT, the military has acknowledged that homosexual conduct alone is not grounds for discharge. In support of her requests, the applicant provides copies of her DD Form 214, Certificate of Release or Discharge from Active Duty; Discharge Board Proceedings, letters of support, and various other documents associated with her requests. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 31 October 1995, the applicant was discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, with a general (under honorable conditions) discharge. She received a narrative reason for separation of “Homosexual Acts” and a RE Code of 2B. AIR FORCE EVALUATION: AFPC/DPSOR recommends changing the applicant’s character of service to honorable and her separation code to JFF. Although the discharge was properly processed according to the applicable regulation at the time, the applicant's discharge record indicates that her discharge was based solely on DADT and did not involve aggravating factors. The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends changing the applicant’s RE code to 1J. On 10 September 2011, the Under Secretary of Defense issued guidance to repeal DADT. 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 applicant's record did not reveal any aggravating factors. The complete DPSOA evaluation is at Exhibit D. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 30 May 2014, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. In light of the repeal of DADT and in accordance with the Under Secretary of Defense (Personnel and Readiness) guidance memorandum, Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code, dated 20 September 2011, Discharge Review Boards should normally grant requests to re-characterize the discharge to honorable 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. 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 set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 31 October 1995, she was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF” and a Reentry (RE) code of “1J” and that she be furnished an Honorable Discharge certificate. The following members of the Board considered AFBCMR BC-2013-05537 in Executive Session on 9 December 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, 6 January 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 4 April 2014. Exhibit D. Letter, AFPC/DPSOA, dated 30 April 2014. Exhibit E. Letter, SAF/MRBR, dated 30 May 2014.