RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02839

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST:

Her narrative reason for separation (Misconduct – Homosexual Acts – Evaluation Officer) be changed.

APPLICANT’S CONTENTION:

Discriminatory laws, regulations and policies concerning her sexual orientation required her to be discharged from the Air Force.  Had the Don't Ask Don't Tell policy, been in effect, she would not have been asked questions about sexual behavior and would have been able to continue her military service.  The narrative reason for separation presents a barrier for employment.  The claimant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 4 Nov 79, the applicant was notified by her commander of his intent to recommend that she be discharged from the Air Force for homosexual activity.  On 17 Dec 79, she received a general (under honorable conditions) discharge.  She served 1 year, 1 month and 15 days on active duty.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D and E.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends approving the applicant’s request to change the narrative reason for separation to “Secretarial Authority” and the corresponding SPD code to “JFF”.  The discharge was properly processed according to the applicable regulation at the time.  Since the discharge, documentation shows that the applicant committed additional acts of misconduct (marijuana possession/disobeying orders/failure to go/false official statement), they cannot support a recommendation to upgrade the service characterization based on the guidance mentioned above.  Their office does recognize that based on the excessive length of time since the applicant’s discharge, the Board could consider granting the applicant an upgrade to the service characterization based on clemency.  The complete advisory is at Exhibit C.

AFPC/DP2SSM recommends denying the RE code.  The applicant received a RE code of 2B-(Separated with other than an honorable discharge), based on the involuntary general (under honorable conditions) discharge per AFM 39-12.  On 10 Sep 2011, the Under Secretary of Defense issued guidance to repeal DADT policy.  The guidance stated requests to change the RE code to 1J--(Eligible to reenlist, but elects separation) should be granted for members separated under DADT or similar policy that did not involve aggravating factors.  Although based on the homosexual policy at that time, applicants discharge processing did involve aggravating factors/disciplinary infractions in the form of possession of marijuana, disobeying orders, failure to go, and making a false official statement.  The complete advisory is at Exhibit D.

AFPC/JA recommends approving the application to change the narrative reason for separation along with the corresponding SPD code.  Despite the fact that the applicant does not meet both of the conditions required for a correction of her records in accordance with the Under Secretary’s memo, the Board has the authority to consider changing only the narrative reason and SPD code.  Removing the reference to “Homosexual Acts and its associated SPD would achieve the intended goal of the correction policy issued when DADT was repealed.  Maintaining the characterization as general (under honorable conditions) would also accurately reflect the member’s time in service.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent copies of the Air Force evaluations to the applicant on 9 Mar 18 and 20 Mar 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board. 

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice to warrant changing the applicant’s narrative reason for separation and corresponding separation code.  The Board concurs with AFPC/DP2SSM, AFPC/DP2STM and AFPC/JA and finds that a preponderance of the evidence substantiates the applicant’s contentions.  The Board agrees with AFPC/DP2SSM that the applicant’s RE code should not be changed. Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 17 December 1979, she was discharged with a narrative reason for separation of “Secretarial Authority” and a separation program designator code of “JFF.” 

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-02839 in Executive Session on 8 May 18:

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 25 May 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2STM, dated 28 Feb 18.
Exhibit D: Advisory opinion, AFPC/DP2SSM, dated 5 Mar 18.
Exhibit E: Advisory opinion, AFPC/JA, dated 7 Mar 18.
Exhibit F: Notifications of Advisory, SAF/MRBC to applicant, dated 9 Mar 18 and
     20 Mar 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.