RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00088 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: The narrative reason for separation on his on his DD Form 214, Report of Separation from Active Duty, be corrected to reflect “Secretarial Authority,” instead of “homosexual conduct.” APPLICANT CONTENDS THAT: He was discharged on the basis of unfounded accusations of homosexual conduct and his discharge did not involve any aggravating factors. Accordingly, his case meets the criteria necessary to merit an upgrade under the current policy related to the repeal of the law commonly known as “Don’t Ask, Don’t Tell” (DADT). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 Sep 93, the applicant initially entered the Regular Air Force. On 6 Jun 96, the applicant’s commander notified him that he was recommending his discharge under the provisions of AFI 36-3208, Chapter 5, Section G, paragraph 5.36.2.2 (homosexual conduct). The reason for the action was that an investigation into two other airmen revealed that the applicant committed homosexual acts. On 11 Jun 96, the applicant acknowledged receipt of the discharge notification and requested a conditional waiver of his right to an administrative discharge board in exchange for no less than an honorable discharge. On 2 Jul 96, the applicant was furnished an honorable discharge, and was credited with 2 years, 9 months, and 23 days of active service. On 10 Sep 11, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, United States Code (USC), Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT).” In a memorandum, dated 20 Sep 11, 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 to “Secretarial Authority”), requests to re-characterize the discharge to honorable, and/or request a change to the reentry code to an immediately-eligible- to-reenter category 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. Although each request must be evaluated on a case-by-case basis, the award of an honorable or general (under honorable conditions) discharge should normally be considered to indicate the absence of aggravating factors. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSOR recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of an injustice. The applicant’s discharge was based solely on DADT and did not involve aggravating factors. The absence of aggravating factors is also indicated by the applicant’s honorable service characterization. Recommend the board approve the narrative reason for separation change to reflect “Secretarial Authority” and SPD code change to reflect “JFF.” A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of an injustice. The applicant was involuntarily discharged on 2 Jul 96 with a narrative reason for separation of “Homosexual Conduct,” with an honorable character of service. The applicant received an RE code of 2C—“Involuntarily separated with an honorable discharge; or entry level separation without characterization of service,” based on the involuntary discharge with honorable character of service. On 10 Sep 11, the Under Secretary of Defense issued guidance repealing DADT. The guidance stated requests to change 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 records did not reveal any aggravating factors. The Board should direct the applicant’s RE code be changed to a 1J. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 Jul 14 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief. The applicant is requesting his narrative reason for separation be changed to “Secretarial Authority” in light of the repeal of the law known as “Don’t Ask, Don’t Tell” (DADT). No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected at the time of his separation. However, in light of the repeal of DADT and the applicant’s record of performance, it would be appropriate to correct his narrative reason for separation, separation program designator (SPD) and reenlistment eligibility (RE) codes. In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the character of service, narrative reason for separation, SPD, and RE codes if 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 indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 2 Jul 96, the applicant was issued a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” and Reentry (RE) Code of “1J” in conjunction with his Honorable discharge. The following members of the Board considered AFBCMR Docket Number BC-2014-00088 in Executive Session on 21 Nov 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 16 Jan 16, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 4 Feb 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 19 Feb 14. Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14, w/atchs.