RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03131

XXXXXXXXXXXXXX	COUNSEL:  NONE

HEARING REQUESTED: YES

APPLICANT’S REQUEST

1.	Her Under Honorable Conditions (General) discharge be upgraded to an Honorable discharge, based on the repeal of Section 654 of Title 10, United States Code.

2.	Her narrative reason for separation of “Homosexuality Acts” be changed.

APPLICANT’S CONTENTIONS

Her narrative reason for separation is not a fair description. In addition, there was no proof or explanation, as to why her commander came to this narrative.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman.

On 20 Oct 87, the applicant’s commander recommended the applicant be discharged from the Air Force, under the provisions of AFR 39-10, Administrative Separation of Airmen, for homosexuality. The specific reasons for the action were as follows:

a.	During or about Mar 87, the applicant grasped another airman in the genital area while at a party in the dormitory.

b.	During or about May/Jun 87, the applicant engaged in touching another airman in the breast and genital areas, while asleep and unclothed.

c.	On or about 5 Aug 87, the applicant alluded to another airman that she was “gay” and “was not and could not change her ways.”
d.	On or about 12 Sep 87, the applicant was observed rendering a full kiss in the lips to another female.

e.	During or about Sep 87, the applicant was asked if she was “gay” and she responded “yes, I like females.”

On 29 Oct 87, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on the same date.

On 29 Oct 87, the applicant received an Under Honorable Conditions (General) discharge. 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 31 Jul 19 for comment (Exhibit C), 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 finds a preponderance of the evidence substantiates the applicant’s contentions in part, to warrant changing the applicant’s narrative reason for separation. In this respect, the Board notes the Under Secretary of Defense published a memorandum, dated 20 Sep 11, stating Service Discharge Review Boards should normally grant requests to change the narrative reason for discharge, requests to re- characterize the discharge to honorable, and/or requests to change the reentry code when both of the following conditions are met: (1) the original discharge was based solely on Don't Ask, Don't Tell (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, the applicant’s conduct of grabbing a female in her genital area at a party in the dormitory and another occasion while the female was asleep and unclothed, clearly constitutes an aggravating factor and could have resulted in additional military charges. Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.	The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show her DD Form 214, Certificate of Release or Discharge from Active Duty, dated 29 October 1987, be amended to reflect a, Narrative Reason for Separation of “Secretarial Authority,” and a Separation 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-2019-03131 in Executive Session on 6 May 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 24 Apr 19.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Notification of DoD Policy, SAF/MRBC to applicant, w/atch, dated 31 Jul 19.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-03131, as required by AFI 36-2603, paragraph 4.11.9.