RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01725

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

1.	Her under honorable conditions discharge be upgraded to honorable.
2.	Her reentry (RE) code by changed in order for her to reenter the Air Force.

APPLICANT CONTENDS THAT:

New laws have passed that allow her discharge to be changed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 12 Jul 00, the applicant enlisted in the Regular Air Force.

On 24 Jan 01, the applicant received an under honorable conditions discharge with a narrative reason for separation of “Homosexual Conduct” and the corresponding separation code of HRB.  She received an RE Code of 2B (Individuals who were fully qualified when last separated.  However, reenlistment not authorized at time of separation).  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

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.”

AIR FORCE EVALUATION:

AFPC/DP2STM recommends partially granting the application.  They recommend changing her SPD code to reflect “JFF,” and changing the corresponding narrative reason for separation to reflect “Secretarial Authority.”  However, they do not recommend approving her request to upgrade the service characterization.   Although the applicant’s discharge notification shows that it was based solely on DADT, there are additional aggravating factors in the applicant’s record.  She was Absent Without Leave (AWOL) on two separate occasions resulting in two Article 15; Uniformed Code of Military Justice (UCMJ) punishments consisting of 30 days restriction, 30 days extra duty, a reprimand, forfeiture of $500 pay per month for two months, 15 days restriction, and 15 days extra duty.  

On 10 Sep 11, the Under Secretary of Defense issued guidance to repeal “Don’t Ask, Don’t Tell” (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.  The complete advisory is at Exhibit C.

AFPC/DP2SSM recommends denying her request to change her RE code based on the aggravating factors as noted by DP2STM.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Mar 18 for comment (Exhibit D), 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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an injustice regarding part, but not all, of her request.  The Board concurs with the rationale and recommendations of AFPC/DP2STM and finds that a preponderance of the evidence is sufficient to justify changing the applicant’s narrative reason for separation and correlating SPD code.  However, given the aggravating factors noted above, the Board finds no basis to recommend granting her requests to change the RE code or to upgrade the discharge.  Therefore, the Board recommends the applicant’s records be corrected to the extent 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 24 Jan 01, she was discharged with a narrative reason for separation of “Secretarial Authority,” and a separation program designator code of “JFF.” 

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-01725 in Executive Session on 16 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 13 Feb 18.
Exhibit D.  Advisory opinion, AFPC/DPSSM, dated 21 Mar 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 29 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 pertaining to Docket Number BC-2017-01725.