RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02022 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her Separation Program Designator (SPD) code of “GRA” and narrative reason for separation (homosexual conduct-Acts) be changed based on the change in the law of “Don’t Ask, Don’t Tell” that was passed in 2011. APPLICANT CONTENDS THAT: She was discharged solely on the basis of homosexual conduct and her 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: The applicant initially entered the Regular Air Force on 13 Aug 02. On 26 Aug 09, the applicant’s commander notified her that he was recommending her discharge for homosexual conduct, under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airman, paragraph 5.36.2. On 26 Aug 09 the applicant waived her right to a hearing before an administrative discharge board provided she received a no less than an honorable discharge. On 9 Sep 09, the discharge was found to be legally sufficient. On 11 Sep 09, the commander directed the applicant receive an honorable discharge without probation and rehabilitation pursuant to AFI 36-3208, paragraph 5.36.2, for homosexual conduct. On 16 Sep 09, the applicant was discharged honorably, was given a Narrative Reason for Separation of “Homosexual Conduct (Acts)” and was credited with seven years, one month, and four days of active service. On 10 September 2011, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, United States Code, Section 654 (10 U.S.C. § 654), commonly known as "Don’t Ask, Don’t Tell (DADT).” In a memorandum, dated 20 September 2011, 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 memorandums 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 injustice. The applicant’s discharge was based solely on DADT and did not involve aggravating factors. The applicant freely and voluntarily informed her supervision that she was a homosexual and that she has a propensity to engage in homosexual acts. Due to the absence of any other aggravating factors, the applicant was furnished an honorable_ discharge. Although the discharge was properly processed according to the applicable regulation, because the discharge was based solely on DADT, the board should 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/JA recommends granting relief. The applicant was separated from the Air Force on 16 Sep 09 for “Homosexual Conduct.” A command-directed investigation was ordered to inquire into the circumstances that surrounded the applicant’s alleged homosexual conduct. On 27 May 09, the applicant allegedly admitted to her First Sergeant that she was gay, had been involved with a female partner for over six months, and wanted to marry her girlfriend. The investigation officer found that the applicant engaged in homosexual conduct voluntarily, that there was no evidence that the applicant was forced to reveal her sexual preference or was discriminated against based on her sexual preference, and that the applicant did not attempt to manipulate the DoD Policy on Homosexual Conduct. In addition, the applicant’s Reenlistment Code (RE) should be changed to a “1J.” This would be consistent with the intent of the guidance issued by the Under Secretary of Defense and provide equitable and complete relief to the applicant consistent with her request. A complete copy of the AFPC/JA evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 Aug 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 a change in her Separation Program Designator (SPD) code and narrative reason for separation. No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was affected at the time of her separation. However, in light of the repeal of DADT, and because there is no evidence of misconduct on the part of the applicant during her service, it would be appropriate to correct the reason and authority for her separation. 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. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that she 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 her Honorable discharge on 16 Sep 09. The following members of the Board considered AFBCMR Docket Number BC-2014-02022 in Executive Session on 19 Mar 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02022 was considered: Exhibit A. DD Form 149, dated 13 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 30 May 14. Exhibit D. Memorandum, AFPC/JA, dated 12 Jun 14. Exhibit E. Letter, SAF/MRBR, dated 4 Aug 14.