RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00786

XXXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The reentry code, separation code, and narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed based on the repeal of Title 10, United States Code, Section 654 (10 U.S.C. § 654).

APPLICANT’S CONTENTIONS

The sexual preference on his DD Form 214 has caused him embarrassment and resulted in his being declined employment.  He recently became aware he could have the information removed. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2).

On 7 Nov 83, according to AF Form 590, Withdrawal/Reinstatement of Authority to Bear Firearms, the applicant’s authority to bear firearms was temporarily withdrawn due to his admitted homosexual preference. 

On 6 Jan 84, according to AF Form 286, Personnel Reliability Program (PRP) Qualification/Certification Action, the applicant was permanently decertified from his PRP position based on his homosexual preference admission as evidenced by an Air Force Office of Special Investigations summary dated 4 Jan 84.

On 6 Jan 84, according to a letter to the Group, the applicant’s squadron commander stated the applicant was unable to perform his duties as a Law Enforcement Specialist and requested removal of his Air Force Specialty Code at the earliest possible date.  The specific reason for this action was “pending administrative separation.”

On 3 Feb 84, according to DD Form 214, the applicant received an honorable discharge, with a separation code and corresponding narrative reason for separation of HRA, Homosexual-Acts.  His reentry code is 2C.  He is credited with 10 months and 11 days of total active service.

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

APPLICABLE AUTHORITY/GUIDANCE

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/GUIDANCE

The Board sent a copy of the DoD policy to the applicant on 7 Jun 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application is timely.

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 APPLICANT be corrected to show DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 3 Feb 84, indicates he was discharged with a separation code and corresponding narrative reason for separation of JFF, Secretarial Authority, 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-2021-00786 in Executive Session on 3 Mar 22:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 20 Sep 20.
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 7 Jun 21.

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.