RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04883 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under honorable conditions discharge be upgraded to honorable. APPLICANT CONTENDS THAT: His discharge was based on institutionalized discrimination and had nothing to do with his dedicated and outstanding service to his country. The Board should find it in the interest of justice to consider his untimely application because of the repeal of “Don’t Ask, Don’t Tell” (DADT). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 16 March 1983, the applicant enlisted in the Regular Air Force. On 27 July 1984, his commander notified him he was recommending his discharge from the Air Force under the provisions of AFR 39- 10, Administrative Separation of Airmen, paragraph 5-35. The specific reason for this action was the applicant identified himself as a homosexual to the first sergeant and the commander. On 27 July 1984, the applicant acknowledged receipt of the discharge notification and on 7 August 1984, he waived his right to a hearing before an administrative discharge board. On 8 August 1984, the applicant was discharged from the Air Force, with service characterized as “Under Honorable Conditions.” His narrative reason for separation is “Homosexuality - Acts.” He was credited with 1 year, 4 months, and 23 days of total active service. AIR FORCE EVALUATION: AFPC/DPSOR recommends approval. On 10 September 2011, the Under Secretary of Defense issued guidance pertaining to correction of military record requests resulting from the repeal of Title 10 United States Code, Section 654, commonly known as DADT. Although the discharge was properly processed according to the applicable regulation, the applicant's discharge record indicates the discharge was based solely on DADT and did not involve aggravating factors. Since there were no other aggravating factors, an honorable service characterization is warranted in this case. Furthermore, his separation code and the narrative reason for separation will also need to be changed. Accordingly, DPSOR recommends his narrative reason for separation be changed to “Secretarial Authority,” with a corresponding separation code of “JFF.” A complete copy of the DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends the applicant’s Reentry (RE) code be changed to 1J, which denotes “eligible to reenlist, but elects separation.” On 10 September 2011, the Under Secretary of Defense issued guidance to repeal DADT. The guidance stated that requests to change the RE code to 1J should be granted for members separated under DADT or similar policy that did not involve aggravating factors. The applicant's record does not include aggravating factors. Although the applicant did not specifically address his RE code, based on the aforesaid guidance, DPSOA recommends that it be changed. A complete copy of the DPSOA evaluation is at Exhibit D. AFPC/JA recommends approval. The applicant’s records support that actions taken by the Air Force complied with the law, regulations and applicable policy in effect at the time. Due to the repeal of DADT and subsequent guidance, JA concurs with the DPSOR and DPSOA recommendations. A complete copy of the JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 March 2015, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). 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. Having carefully reviewed this application, we agree with the recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant's records be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 8 August 1984, he was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF,” a reentry code of 1J, and that he be furnished an Honorable Discharge certificate. The following members of the Board considered this application in Executive Session on 4 August 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining AFBCMR Docket Number BC- 2014-04883 was considered: Exhibit A. DD Form 149, dated 24 October 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 15 January 2015. Exhibit D. Letter, AFPC/DPSOA, dated 11 February 2015. Exhibit E. Letter, AFPC/JA, dated 27 February 2015. Exhibit F. Letter, SAF/MRBR, dated 25 March 2015.