AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00541	
					
GENERAL:  The applicant was discharged on 01 Mar 06 in accordance with AFI 36-3208 with an Honorable discharge for Homosexual Conduct.  The applicant appealed for a change of his discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 20 Sept 18.  

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review.  The applicant was aided in preparing supporting documentation by counsel.    

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service. 
  
FINDING:  The DRB voted unanimously approve the applicant’s request to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 1J.

DISCUSSION:  The DRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, is authorized to change the characterization of service and the narrative reason for discharge if such changes are warranted.  If applicable, the board can also change the applicant’s reenlistment eligibility code.  In reviewing discharges, the board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant.  The board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety.  

The applicant contended the discharge met impropriety due to the change in to the repeal of “Don’t Ask, Don’t Tell” policy.

Based on the Don’t Ask, Don’t Tell Repeal Act of 2010, the “Don’t Ask, Don’t Tell” (DADT) policy was repealed effective 20 Sep 11.  The act authorized some former military members discharged under DADT (or a similar policy prior to DADT) to request a correction to their discharge records.  Based on this, the board concluded his discharge was improper due to this change in the law.  Per guidance from the Under Secretary of Defense for Personnel and Readiness, applicant requests should be approved when the original discharge was based solely on DADT (or a similar policy prior to DADT) and there were no aggravating factors in the record, such as misconduct.  The DRB determined the facts in this case met both of these criteria and therefore approved the applicant’s request.
 
CONCLUSION:  

The board determined the applicant’s discharge was improper based the guidance released in conjunction with the repeal of DADT.  Therefore, it determined the overall characterization of the applicant’s service was more accurately reflected by an Honorable characterization and the discharge narrative reason should be “Secretarial Authority.”

The DRB results were approved by the board president on 21 Sept 18.  If desired, the applicant can request a list of the board members and their votes by writing to:  
Air Force Review Boards Agency
Attn: Discharge Review Board
1500 West Perimeter road, Suite 3700
Joint Base Andrews, NAF Washington, MD 20762-6602  
Attachment:
Examiner's Brief