RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00205

XXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected in block 24, Character of Service, to reflect general (under honorable conditions).

APPLICANT CONTENDS THAT:

She was due to marry at the time of her discharge but was accused of being gay.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 4 Sep 85, the applicant entered the Regular Air Force.

On 17 Mar 87, the applicant was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, chapter 5, section H, paragraph 5-49a, Misconduct-Commission of a Serious Offense:  Sexual Deviation.

Between 1 Dec 86 and 4 Feb 87, she wrongfully committed an indecent act.  

On 1 Apr 87, the applicant was discharged from the Regular Air Force with a general, (under honorable conditions) discharge.  She served 1 year, 6 months and 27 days of active duty service.  

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.
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends granting the application.  Based on the repeal of 10 U.S.C Section 654, the applicant’s discharge should be corrected.  Although the discharge was properly processed according to the applicable regulation at the time, the record indicates that the discharge was based solely on DADT or a similar policy and did not involve additional aggravating factors.  A review of the master of personnel record did not reveal any additional aggravating factors.  Based on review of the applicant’s request and the master of personnel record, there is an error or injustice with the discharge processing.   

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent the Post Service Letter and Information Bulletin the applicant on 2 Oct 17 (Exhibit D).

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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.    In light of the repeal of 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, DRBs should normally grant requests to change the narrative reason for a discharge, requests to re-characterize the discharge to honorable, and/or requests to change the reentry code to an immediately-eligible-to-reenter category 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 the Board’s review of the evidence of record, there was no evidence of additional misconduct or aggravating factors in her 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 1 April 1987, she was honorably discharged, with a narrative reason for separation of “Secretarial Authority” and corresponding separation code of “JFF” and RE code of “1J.”
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 Docket Number BC-2017-00205 in Executive Session on 10 Oct 18:

Vice Chair 
Member
Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 26 Apr 18.
Exhibit D:	Post Service Letter w/atch, 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.