RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02193

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 Section 654 of Title 10, United States Code.

APPLICANT’S CONTENTIONS

Don’t Ask, Don’t Tell (DADT) policy was repealed more than 15 years after he was discharged so there was no option for him to submit this request within 15 years after his separation.  He just found out about the option to submit a request for his service and discharge records to be reviewed for a possible update. 

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 23 Mar 95, the applicant submitted a written statement to his commander admitting to being homosexual and having the propensity to engage in homosexual acts. 

On 5 Apr 95, the applicant’s commander recommended the applicant be discharged with an honorable service characterization under the provisions of AFI 36-3208, Administrative Separation of Airmen.  The specific reason for the action was “homosexual conduct.”  

On 5 May 95, according to the DD Form 214, the applicant received an honorable discharge with a separation code and corresponding narrative reason for separation of HRB, Homosexual Admission.  His reentry code is 2K (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service).  He was credited with 1 year, 10 months and 6 days of 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 25 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 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 May 95, be corrected to show 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-2021-02193 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 20 Jun 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 25 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.