RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04716

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His 2C Reenlistment Eligibility (RE) code be changed to one that will allow him to rejoin the military.

APPLICANT CONTENDS THAT:

He was discharged for admitting to being homosexual.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was discharged in 1999 in the grade of airman basic (AB).  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends changing the applicant’s narrative reason for separation to “Secretarial Authority” and the Separation Program Designator to “JFF.”  AFPC/DP2STM notes the discharge was processed appropriately; however, it appears the discharge was based solely on Don’t Ask, Don’t Tell (DADT).  The complete advisory is at Exhibit C.

AFPC/DP3ST recommends changing the applicant’s RE code to 3K--(Reserved for use by HQ AFPC or the AFBCMR when no other RE code applies or is appropriate).  The advisory notes that although applicant’s discharge was solely based on the DADT policy and did not appear to involve aggravating factors, the RE code 1J would not be appropriate as applicant did not have enough time in service (3 years for a 4-year enlistee) to be considered for reenlistment.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the advisories to the applicant on 3 Oct 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

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 injustice.  The Board concurs with AFPC/DP2STM and AFPC/DP3ST that the applicant merits relief and finds that a preponderance of the evidence substantiates the applicant’s contentions.  However, the Board notes the 20 Sep 11 guidance from the Under Secretary of Defense for Personnel and Readiness, to the effect that in the absence of aggravating factors the new RE code should be 1J.  Therefore, the Board recommends the applicant’s records 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 12 May 1999, in conjunction with his entry-level discharge, he was issued a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF,” and a Reenlistment Eligibility code of “1J--(Eligible to reenlist, but elects separation).”

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-2016-04716 in Executive Session on 13 Mar 18 and 10 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A: Application, DD Form 149, dated 21 Nov 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2STM, dated 20 Sep 17.
Exhibit D. Advisory opinion, AFPC/DPST, dated 26 Sep 17.
Exhibit E: Notification of Advisory, SAF/MRBR to applicant, dated 3 Oct 17.

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