AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00735	
					
The applicant was discharged on 12 Mar 10 in accordance with AFI 36-3208 with an Honorable discharge for Homosexual Conduct.  The applicant appealed for a change to the discharge narrative reason.  The board was conducted on 11 Feb 21.  

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 not represented 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 to approve the applicant’s request to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 3K.

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 states he was discharge under the DADT policy and would like to amend his DD-214 to remove any personal information regarding his separation.

Based on the Don’t Ask, Don’t Tell Repeal Act of 2010, the “Don’t Ask, Don’t Tell” (DADT) policy was repealed effective 20 Sep 11.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 board 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 discharge narrative reason should be “Secretarial Authority.” Additionally, the reenlistment eligibility code was changed to “3K.” 

The DRB results were approved by the board president on 16 Feb 21.  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
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief (Applicant Only)