RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02181 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 24 - Character of Service, Block 26 - Separation Code, Block 27 - Reentry Code, and Block 29 - Narrative Reason for Separation, be corrected in accordance with “Don’t Ask – Don’t Tell” guidelines. APPLICANT CONTENDS THAT: He experienced curiosity with regards to his sexuality and this had nothing to do with his job performance. In support of his request, the applicant provided a copy of his DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 21 Jan 86. On 24 Mar 86, the applicant received a Letter of Counseling for failing to report to an appointment. On 7 Apr 86, the applicant received a Letter of Counseling for failing to report for duty at the required time. On 17 Apr 86, the applicant received a Letter of Reprimand for failing to go to appointed place of duty. On 7 Jun 86, the applicant received a Letter of Counseling for failing to report for duty at the required time. On 19 Jun 86, the applicant was notified by his commander he was recommending him for discharge for Homosexuality in accordance with AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, Chapter 5, Section C, paragraph 5-35. On 24 Jun 86, the applicant consulted legal counsel and offered a conditional waiver for consideration. On 3 Jul 86, the Staff Judge Advocate reviewed the case file and found it legally sufficient. On 8 Jul 86, the discharge authority approved the applicants discharge without probation and rehabilitation. On 11 Jul 86, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 5 months and 21 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, D and E. AIR FORCE EVALUATION: AFPC/DPSOR recommends approval. On 10 Sep 2011, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT)”. An excerpt from the aforementioned guidance is provided below: “Effective September 20, 2011, Service DRBs should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” (Separation Program Designator Code (SPD) code JFF)), requests to re-characterize the discharge to honorable, and/or requests to change the reentry code to an immediately-eligible-to-renter category (the new RE code should be 1J) when both of the following conditions are met: (1) the original discharge was based solely upon 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 discharge should normally be considered to indicate the absence of aggravating factors.” Although the discharge was properly processed according to the applicable regulation, the applicant's discharge record indicates discharge was based solely on DADT. There does not appear to be any additional misconduct or aggravating factors in the record. They recommend the board approve the applicant’s request to upgrade his service characterization to “Honorable”. In addition, they recommend that the Board approve changing the SPD Code from “HRB” to “JFF” and the Narrative Reason for Separation from “Admitted Homosexual or Bisexual” to “Secretarial Authority”. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends approval. On 10 Sep 2011, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT)”. Recommend the Board direct the applicant’s RE code be changed to a “1J”. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFPC/JA recommends approval. The applicant’s request falls squarely within the Under Secretary of the Defense post-DADT guidance. A complete copy of the AFPC/JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 23 Jan 15 for review and comment within 30 days (Exhibit F). 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 discharge be upgraded to Honorable based on the repeal of 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 Don’t Ask, Don’t Tell (DADT) and the applicant’s record of performance, it would be appropriate to upgrade his 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. While it appears the applicant’s several instances of failure to go were included as the basis for his discharge, we are not convinced this constitutes misconduct that, in and of itself, would have formed the basis for a general (under honorable conditions) discharge. 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 11 July 1986, he 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-2014-02181 in Executive Session on 28 Apr 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-2014-02181 was considered: Exhibit A. DD Form 149, dated 26 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 16 Jul 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 16 Oct 14. Exhibit E. Memorandum, AFPC/JA, dated 28 Oct 14. Exhibit F. Letter, SAF/MRBR, dated 23 Jan 15.