RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00842

	COUNSEL: NONE
	 
  	HEARING: NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, narrative reason and reentry (RE) code be corrected.

APPLICANT CONTENDS THAT:

Her DD Form 214 reflects “Homosexual Conduct” as the reason for her discharge.  She would like to continue with her military career and feels that the reason for her discharge no longer applies because the policy has changed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 10 Jan 06, the applicant enlisted in the Regular Air Force.

On 18 Sep 07, the applicant was honorably discharged with a narrative reason for separation of “Homosexual Conduct” and the corresponding separation code of GRB.  She received an RE Code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

On 20 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).  In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the narrative reason for discharge (the change should be to “Secretarial Authority”), requests to re-characterize the discharge to honorable, and/or request a change to the RE 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.  Although each request must be evaluated on a case-by-case basis, the award of an honorable or general (under honorable conditions) discharge should normally be considered to indicate the absence of aggravating factors.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request to change his RE Code.  On 10 Sep 11, the Under Secretary of Defense issued guidance to repeal “Don’t Ask, Don’t Tell” (DADT) policy.  DP2SSM has reviewed the applicant’s records and did not discover any aggravating factors that would prevent her RE code from being changed to 1J.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 Dec 17 for comment (Exhibit D), but has received no response.

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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief.  In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the character of service, the narrative reason for separation, the separation program designator code (SPD), and the re-entry (RE) code 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 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 18 September 2007, she was discharged with a narrative reason for separation of “Secretarial Authority,” a separation program designator code of “JFF,” and a reentry 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-2017-00842 in Executive Session on 25 Apr 18:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 26 Oct 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Dec 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 for Docket Number BC-2017-00842.