RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01220

XXXXXXXXXXXXXXX	COUNSEL: XXXXXXXXXXX
	
 	HEARING REQUESTED: NO 
 
APPLICANT’S REQUEST

The separation code, reentry 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 Section 654 of Title 10, United States Code.

APPLICANT’S CONTENTIONS

Given that his original discharge was based solely on DADT and there are no aggravating factors in his record such as misconduct, he meets the criteria set forth in the “Stanley Memorandum” concerning the correction of military records in light of the repeal of “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 airman first class (E-3).

On 14 Mar 96, the applicant’s commander recommended he be discharged from the Air Force, under the provisions of AFI 36-3208, Administrative Separation of Airmen, for homosexual conduct.  The specific reason for the action was the applicant’s homosexual admission. 

On 15 Mar 96, the discharge action was found legally sufficient, and the discharge authority approved the recommendation. 

On 20 Mar 96, the applicant received an honorable discharge with a separation code and corresponding narrative reason for separation of HRB, Homosexual Admission.  His reentry code is 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service).  He was credited with 1 year, 11 months and 3 days of active service.

APPLICABLE AUTHORITY/GUIDANCE

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.

APPLICANT’S REVIEW OF APPLICABLE AUTHORITY/GUIDANCE

The Board sent a copy of the DoD policy to the applicant on 23 Aug 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 set forth 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 or Discharge from Active Duty, issued on 20 Mar 96, be amended to reflect he was discharged with a Separation Code of JFF, a Narrative Reason for Separation of 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-2021-01220 in Executive Session on 19 May 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 15 Mar 21.
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 23 Aug 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.