RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-05170

XXXXXXXXXXXXXX				COUNSEL: XXXXXXXXX

							HEARING: NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following:

Narrative Reason for Discharge as “Secretarial Authority,”

Separation code of “JFF” (service initiated discharge directed by established directive when separation is by order of the Military Department Secretary).

APPLICANT CONTENDS THAT:

He was honorably discharged under “Don’t Ask, Don’t Tell” (DADT), which has been repealed.  There are no aggravating factors in his case, as is indicated by his characterization of honorable.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.  

On 6 Dec 00, the applicant acknowledged receipt of the commander’s notification of recommendation for discharge due to homosexual conduct.  The applicant offered a conditional waiver of the rights associated with an administrative discharge board hearing, contingent upon receipt of no less than an honorable discharge.  

On 20 Dec 00, the applicant was furnished an honorable discharge, with Narrative Reason for Separation as Homosexual Admission, and separation code of HRB (service initiated discharge directed by established directive when a member has made a statement that he or she is a homosexual or bisexual).

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 granting the application.  

While discharge documentation was not available, based on presumption of regularity, the applicant’s discharge was processed according to applicable regulations.  However, it was based solely on “don’t ask don’t tell” (DADT), or a similar policy, and did not involve other aggravating factors.  Due to the repeal of DADT, and the absence of aggravating factors, recommend the separation code (SDN/SPD) reflect “JFF”, and the narrative reason for separation reflect “Secretarial Authority.”  The complete advisory is at Exhibit C.

AFPC/DP2SSM recommends granting the application.  

The applicant was discharged with a RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service).  Due to the repeal of DADT, and the absence of aggravating factors, recommend the applicant’s RE code be changed to 1J (Eligible to reenlist, but elects separation).  The complete advisory is at Exhibit D.

AFPC/JA recommends granting the application.  

While discharge action documentation was not available, there is nothing in the available records which indicated any aggravating factors were present.  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 19 Jun 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

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 the rationale and recommendation of AFPC/DP2STM, AFPC/DP2SSM, and AFPC/JA and finds that a preponderance of the evidence substantiates the applicant’s contentions.  DADT has been repealed and there are no aggravating factors.  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 20 December 2000, he was discharged with a narrative reason for separation of “Secretarial Authority” with 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-2017-05170 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 29 Sep 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2STM, dated 14 Feb 18.
Exhibit D:  Advisory opinion, AFPC/DP2SSM, dated 21 Mar 18.
Exhibit E:  Advisory opinion, AFPC/JA, dated 12 Jun 18.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 19 Jun 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.