RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00797

XXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The reentry code, separation code and corresponding narrative reason for separation on her 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 discharge is unfair.  She wanted to serve her country and enlisted to do so; however, she was discharged with conditions and would like to have them upgraded based on the repeal of the “Don’t Ask, Don’t Tell” (DADT) policy.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 25 Nov 97, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant entered the Regular Air Force. 

On 20 Jul 99, the applicant’s commander notified her he would recommend she be discharged from the Air Force, with an honorable character of service, under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen.  The specific reason for the action was the applicant submitted a written statement indicating she was homosexual.    

On 5 Sep 99, according to DD Form 214, the applicant received an honorable discharge, with a reentry code 2C, Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service. Her separation code and corresponding narrative reason for separation is HRB, Homosexual Admission.  She was credited with 1 year, 2 months and 12 days of active 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 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.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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 the DD Form 214, Certificate of Release from Active Duty, issued on 5 Sep 99, be amended to reflect she was discharged with a reentry code of 1J and a separation code and corresponding narrative reason for separation of JFF, Secretarial Authority.
  
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-2021-00797 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, w/atchs, dated 24 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.

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.