RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01684 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her reason for discharge be corrected based on the repeal of Don’t Ask, Don’t Tell (DADT). APPLICANT CONTENDS THAT: Her Separation Program Designator (SPD) code, Reentry (RE) code, and Narrative Reason for Separation be corrected based on the repeal of the DADT. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 Apr 80, the applicant entered the Regular Air Force. On 15 Oct 85, the applicant’s commander notified her he was recommending her for administrative discharge based on homosexuality, in accordance with AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, Chapter 5, paragraph 5-35b. On the same date, the applicant consulted legal counsel and offered a conditional waiver of her rights. On 25 Oct 85, the discharge was found it legally sufficient. On 28 Oct 85, the discharge authority approved an Honorable discharge without probation and rehabilitation. On 4 Nov 85, the applicant was furnished an honorable discharge, and was credited with five years, seven months, and three 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, based on the repeal of DADT. It is recommended the board change the narrative reason for separation to “Secretarial Authority” along with corresponding SPD code to “JFF”. 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)”. 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. A review of the record does not show any additional misconduct or aggravating factors. This is further evidenced by the honorable service characterization given to the applicant. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends approval, based on the repeal of the DADT. On 10 Sep 11, the Under Secretary of Defense issued guidance to repeal DADT policy. The guidance stated 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. A thorough search of applicant’s record did not reveal any aggravating factors. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFPC/JA recommends approval, based on the repeal of the DADT. Pursuant to current DoD policy, they agree with the recommendation of AFPC/DPSOR-SEP and AFPC/DPSOA that the applicant’s discharge warrants a change to the narrative reason for separation, separation program designator code and reentry code. A complete copy of the AFPC/JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to the Air Force advisories, the applicant clarified her length of service. Whereas, both AFPC/DPSOR-SEP and AFPC/DPSOA state she served 1 year, 10 months and 1 day, but according to her DD 214, she in fact served a total of 5 years, 7 months and 3 days on active duty. The 1 year, 10 months and 1 day was for active service from dates 4 Jan 84 to 4 Nov 85. (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 error or injustice warranting relief. The applicant is requesting her reason for discharge be corrected 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 her 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 correct her separation program designator code, reentry code and narrative reason for 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 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 4 November 1985, she was discharged with a separation code of “JFF”, a Reentry code of “1J” and issued a narrative reason for separation of “Secretarial Authority”. The following members of the Board considered AFBCMR Docket Number BC-2015-01684 in Executive Session on 7 Jan 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Apr 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 8 Jun 15. Exhibit D. Memorandum, AFPC/DPSOA, dated 26 Oct 15. Exhibit E. Memorandum, AFPC/JA, dated 4 Nov 15. Exhibit F. Letter, SAF/MRBR, dated 6 Nov 15. Exhibit G. Letter, Applicant, dated 30 Nov 15.