ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00378 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code be replaced with one that will allow him to reenlist. _________________________________________________________________ RESUME OF CASE: On 1 January 2011, the applicant applied to the AFBCMR under the auspices of the repeal of section 654 of Title 10, United States Code (USC), commonly referred to as Don’t Ask, Don’t Tell (DADT). The Air Force office of primary responsibility (OPR), AFPC/DPSOA, addressed the applicant’s request for a change to his RE code and found the RE code of 4G was, indeed, erroneous; however, the applicant’s correct RE code should have been 2C (Involuntarily separated with an honorable discharge, or entry level separation without characterization of service) and administratively corrected the records. On 27 September 2011, the Board considered and denied his request to change his RE code from 4G (No AFSC skill level commensurate with grade) to a code that would allow his reenlistment. For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F. On 11 September 2011, the Office of the Secretary of Defense (OSD) released policy related to the repeal of DADT just prior to the Board’s decision in the applicant’s case, and to preclude the possibility of an injustice to the applicant related to the applicability of said policy in the Board’s consideration of his case, the applicant’s case was reopened for reconsideration by the AFBCMR. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends the applicant’s narrative reason for separation and separation program designator (SPD) code be changed to “Secretarial Authority” and “JFF,” respectively. On 10 September 2011, the Under Secretary of Defense for Personnel and Readiness (OSD-P&R) released guidance pertaining to the correction of military records resulting from the repeal of DADT which indicates the following: “Effective September 20, 2011, Service DRBs (Discharge Review Boards) should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” (SPD code JFF)), requests to re-characterize the discharge to honorable, and/or requests to change the reentry code to an immediately-eligible-to-reenter category (the new RE code should be 1J) when both of the following conditions are met: (1) the original discharge was based upon 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. Although each request must be evaluated on a case-by-case basis, the award of an honorable or general discharge should normally be considered to indicate the absence of aggravating factors.” A complete copy of the AFPC/DPSOS evaluation is at Exhibit G. AFPC/DPSOA recommends denial with respect to the applicant’s Reentry (RE) code indicating his records do contain episodes of misconduct. Specifically, the applicant received a Letter of Reprimand for leaving his post without authorization and permanent loss of his Personnel Reliability Program (PRP) certification for occupational problems. However, should the Board determine that relief is warranted the applicant’s RE code should be changed to 3K (Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate). A complete copy of the AFPC/DPSOS evaluation is at Exhibit H. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 11 May 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit I). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. In light of the repeal of the law commonly known as Don't Ask, Don't Tell (DADT) and given the applicant's record of performance, we believe it would be appropriate to change the narrative reason for his separation to "Secretarial Authority" and to correct his separation program designator (SPD) and reentry (RE) codes accordingly. In accordance with Under Secretary of Defense (Personnel and Readiness) guidance memorandum, Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code, dated 20 September 2011, Discharge Review Boards should normally grant requests to change the narrative reason for a discharge (the change should be to "Secretarial Authority" (SPD code KFF)), requests to re-characterize the discharge to honorable, and/or requests to change the RE code to an immediately-eligible-to-reenter category (the new RE code should be RE code 1J) when both of the following conditions are met: (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. We note the comments of AFPC/DPSOA indicating the applicant’s record contained evidence of misconduct; however, after a thorough review of the applicant’s complete record, we find that said misconduct did not form any part of the basis for the contested discharge. Therefore, in view of the above, we recommend the applicant's record be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 28 July 2000, he was honorably discharged with a narrative reason for separation of "Secretarial Authority" rather than "Homosexual Admission," a separation program designator code of "KFF" rather than "HRB," and a reentry code of "1J" rather than "2C." _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00378 in Executive Session on 18 Sep 12, under the provisions of AFI 36-2603: All members of the Board voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00378 was considered: Exhibit F. Record of Proceedings, dated 20 Jan 12, w/atchs. Exhibit G. Letter, AFPC/DPSOS, dated 24 Apr 12. Exhibit H. Letter, AFPC/DPSOA, dated 9 May 12. Exhibit I. Letter, SAF/MRBR, dated 11 May 12. Panel Chair