RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00894
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her General (Under Honorable Conditions) discharge be upgraded 
to Honorable.


APPLICANT CONTENDS THAT:

Her discharge was based on homosexuality being incompatible with 
military service.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 9 Jun 
86.  

On 25 Jan 88, the applicant’s commander notified her of his 
intent to discharge her for homosexuality under the provisions 
of AFR 39-10, Separation Upon Expiration of Term of Service, for 
Convenience of Government, Minority, Dependency and Hardship, 
Chapter 5, paragraphs 5-35a and 5-35b.

On 5 Feb 88, the Base Staff Judge Advocate reviewed the case and 
found it legally sufficient.

On 12 Feb 88, the discharge authority approved a General (Under 
Honorable Conditions) discharge.

On 18 Feb 88, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 1 year, 8 
months, and 10 days of active service.

The remaining relevant facts pertaining to this application are 
described in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are included at Exhibits C 
and D.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends approval.

Although the discharge was properly processed in according to 
the applicable regulations, the applicant’s discharge indicates 
it was based solely on “Don’t Ask, Don’t Tell”. 
 
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends approval.

On 20 Sep 11, the Under Secretary of Defense issued guidance to 
repeal “Don’t Ask, Don’t Tell (DADT)”.  The guidance states 
request 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 review any aggravating factors.
  
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 22 Sep 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
relief.  The applicant is requesting her discharge be upgraded 
to honorable based on the repeal of DADT.  No evidence has been 
presented which would lead us to believe her 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 Don’t Ask, Don’t Tell (DADT) and the applicant’s 
record of performance, it would be appropriate to upgrade her 
discharge to honorable.  In a memorandum, dated 20 Sep 11, the 
Under Secretary of Defense published guidance that Service 
Discharge Review Boards should normally grant requests to re-
characterize the discharge to honorable 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.


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 
18 Feb 88, she was discharged with a narrative reason for 
separation of “Secretarial Authority” a separation program 
designator code of “JFF”, an RE code of “1J” and a service 
characterization of “Honorable”.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00894 in Executive Session on 13 Jan 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00894 was considered:

	Exhibit A.  DD Form 149, dated 27 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 10 Apr 14.
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 20 May 14.
	Exhibit E.  Letter, SAF/MRBR, dated 22 Sep 14.