RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-01775

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

1.  His narrative reason for separation be changed from “Admitted Homosexual or Bisexual” to “Secretarial Authority.”

2.  His Separation Program Designator (SPD) Code HRB, Homosexual Conduct (Statement) be changed.

3.  His Reentry (RE) code 2C, Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service, be changed.

APPLICANT’S CONTENTIONS

His narrative reason for separation, SPD and RE codes be changed based on the repeal of Section 654 of Title 10, United States Code (Don’t Ask, Don’t Tell (DADT)).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force staff sergeant.  

On 16 Mar 92, the applicant was furnished an honorable discharge, with a narrative reason for separation of Admitted Homosexual or Bisexual, a separation code HRB, and RE code of 2C.  He was credited with eight years, eight months and five days of active duty service.

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

APPLICABLE AUTHORITY

On 20 Sep 11, with the repeal of the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 U.S.C. § 654, the Department of Defense (DoD) issued supplemental policy guidance on correcting military records of former service members who had been discharged under that law or a precursor.  The guidance applied to the following types of requests:  changing the narrative reason for a discharge; re-characterizing service as honorable; changing a reentry code to one allowing immediate eligibility to reenter service.  The guidance directed that such requests should normally be granted when both of the following conditions are true:  (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.   For meritorious cases, the guidance further directed the use of “Secretarial Authority” as the new narrative reason for separation, with Separation Program Designator (SPD) code “JFF” and reentry code “1J.”  Finally, the guidance noted that while each request must be evaluated individually, an honorable or under honorable conditions (general) discharge should normally be considered to indicate the absence of aggravating factors.

The complete DoD policy is at Exhibit C.

APPLICANT’S REVIEW OF APPLICABLE AUTHORITY

The Board sent a copy of the DoD policy to the applicant on 13 Jun 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application is not timely, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  While the Board finds no error in the original discharge process, the Board recommends relief based on the repeal of 10 U.S.C. § 654.  The absence of aggravating factors in the applicant’s record meets the criteria of the DoD policy on records correction following the repeal of DADT.  Therefore, the Board recommends correcting the applicant’s record as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 16 March 1992, in conjunction with his Honorable discharge, his Narrative Reason for Separation was “Secretarial Authority”, Reenlistment code of “1J” and a Separation Program Designator (SPD) code of “JFF.”

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-2019-01775 in Executive Session on 18 Mar 20:

, 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 7 Jan 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	DoD Policy on Correcting Military Records after Repeal of DADT, 20 Sep 11.
Exhibit D:	Notification of DoD Policy, SAF/MRBC to applicant, dated 13 Jun 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.