RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03062 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: With the acceptance of homosexuals in the military today she would like her discharge changed. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 11 Oct 88. On 12 Apr 89, the applicant’s commander notified her that he was recommending her discharge for homosexuality pursuant to AFR 39- 10, para 3-5. The reason for the action was the applicant did engage or attempted to engage in a homosexual act with another airman. On 12 Apr 89, after consulting with counsel, she acknowledged receipt of the action and waived her right to a hearing before an administrative discharge board, conditioned on receiving no worse than a general discharge characterization. On 28 Apr 89, the action was found to be legally sufficient and the discharge authority concurred with the commander’s recommendation. On 5 May 89, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 6 months and 25 days of active service. On 10 Aug 89, the Discharge Review Board (DRB) denied the applicant’s request to upgrade her discharge. The Board concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority and that the applicant was provided full administrative due process. 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, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT).” Effective 20 Sept 11, 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-reenter 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.” 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 of the applicant’s request to change her service characterization to Honorable, the narrative reason for separation to “Secretarial Authority,” and the SPD code to reflect “JFF.” Although the discharge was properly processed according to the applicable regulation, the applicant’s discharge was based solely on DADT and did not involve aggravating factors. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends approval, indicating a change to reentry code is warranted. Based on 10 Sep 11 guidance repealing DADT, 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 record did not reveal any aggravating factors. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFPC/JA concurs with the DPSOR advisory. Since the discharge was based solely on a DADT-like policy with no aggravating factors, the Under Secretary of Defense guidance is to change the characterization of service, the narrative reason for separation, and the separation code. A complete copy of the AFPC/JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant deeply appreciates the positive advisory recommendations (Exhibit G). 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 injustice. In light of the repeal of the law commonly known as Don’t Ask, Don’t Tell (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, we believe that it would be in the interest of justice to recommend corrective action. In accordance with the USD-P&R guidance memorandum, 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, there was no evidence of additional misconduct or aggravating factors in the applicant’s record. Though the applicant’s discharge was properly processed according to the applicable regulation at the time, her discharge record indicates it was based solely on DADT. Therefore, the applicant’s records should 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 5 May 1989, she was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” separation program designator (SPD) code of “JFF,” reentry (RE) code of “1J” and furnished an Honorable Discharge certificate. The following members of the Board considered AFBCMR Docket Number BC-2014-03062 in Executive Session on 22 Apr 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 4 Sep 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 9 Oct 14. Exhibit E. Memorandum, AFPC/JA, dated 21 Oct 14. Exhibit F. Letter, SAF/MRBR, dated 17 Nov 14. Exhibit G. Letter, Applicant, dated 25 Nov 14.