RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01856

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: YES 

APPLICANT REQUESTS THAT:

Her Under Other than Honorable Conditions (UOTHC) discharge be upgraded.

APPLICANT CONTENDS THAT:

In 1972 there was no “Don’t Ask, Don’t Tell” policy.  She turned herself in because she did not want to be a security risk to her country.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

On 26 Jul 73, the applicant was issued an Article 15 for being absent without leave (AWOL) from 5 Jun 73 to 19 Jun 73, and received punishment of reduction to the grade of airman, and forfeiture of $25 pay for 2 months.

On 1 Aug 73, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for homosexual activities.  

On 1 Aug 73, the applicant acknowledged receipt of the action and elected to not submit a statement on her behalf.

On 10 Aug 73, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 3 Oct 73.  

On 4 Oct 73, the applicant was furnished a UOTHC discharge.

On 20 Nov 73, the Air Force Discharge Review Board reviewed the applicant’s case, and concluded a change in the discharge was not warranted.

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).  Service Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge, to re-characterize the discharge as 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.  The change to narrative reason for discharge should be “Secretarial Authority”, with a separation program designator code (SPD) of JFF.  The new reenlistment eligibility (RE) code should be 1J.  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 advisories at Exhibits C, D, and E.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends partially granting the application.  The applicant’s discharge was processed according to applicable regulations.  Although the applicant’s discharge notification shows it was based solely on “don’t ask don’t tell” (DADT), or a similar policy, there is an additional aggravating factor in the applicant’s record.  The applicant was AWOL, resulting in an Article 15.  Due to the repeal of DADT, recommend the separation code (SDN/SPD) reflect “JFF”, and the narrative reason for separation reflect “Secretarial Authority.”  Recommend the character of service reflect under honorable conditions (general).  The complete advisory is at Exhibit C.

AFPC/DP2SSM recommends granting the application.  The applicant was discharged with a reenlistment eligibility (RE) code of 2 (Ineligible).  The applicant’s discharge processing was based solely on the homosexual policy at that time and did not involve any aggravating factors.  However, when the applicant separated in 1973, the equivalent of RE code 1J was 1 (Eligible); there were no two digit RE codes at that time.  Due to the repeal of DADT, and the absence of aggravating factors, recommend the applicant’s RE code be changed to “1.”  The complete advisory is at Exhibit D.

AFPC/JA recommends granting the application.  While the applicant did have misconduct during her service, it was not part of the basis for discharge and does not rise to the level of an aggravating factor.  The applicant’s discharge was based solely on a policy similar to DADT.  Due to the repeal of DADT, and the absence of aggravating factors, recommend the applicant’s records be updated in accordance with the Under Secretary’s memo of 20 Sep 11.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 28 Feb 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, 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 applicant is requesting her discharge be upgraded based on the repeal of Don’t Ask, Don’t Tell (DADT).  No evidence has been presented which would lead us to believe her discharge was improper or contrary to the directive under which it was affected at the time of her separation.  In a memorandum dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to re-characterize the discharge to honorable 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 our review of the evidence of record and the recommendation provided by AFPC/DP2SSM and AFPC/JA, the applicant’s discharge meets these requirements.  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 4 October 1973, she was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” Reentry (RE) Code of 1J – Eligible,” and furnished an Honorable Discharge certificate. 

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-2017-01856 in Executive Session on 24 Jul 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 5 Apr 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2STM, dated 12 Feb 18.
Exhibit D:  Advisory opinion, AFPC/DP2SSM, dated 20 Feb 18.
Exhibit E:  Advisory opinion, AFPC/JA, dated 27 Feb 18.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 28 Feb 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, regarding Docket Number BC-2017-01856.