RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00863 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His narrative reason for separation be changed and his discharge characterization be upgraded to honorable based on the repeal of 10 U.S.C. Section 654. APPLICANT CONTENDS THAT: He was discharged in 1980 and America has evolved since then. He is seeking employment and agencies want a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. His narrative reason for separation, “Misconduct – Homosexual Acts – Board Waiver,” is defamatory and disparaging. He feels some of the agencies he is seeking assistance from may not be willing to work with him because prejudice still exists. He feels a same-sex encounter does not constitute misconduct and something so personal should not be made public. The Board should find it in the interest of justice to consider his untimely application in light of the recent changes regarding gay soldiers in the military. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 9 Aug 77, the applicant initially entered the Regular Air Force. On 27 Jun 80, he received notification that he was being discharged under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation or Request for Discharge for the Good of the Service. The specific reason for this action was the applicant was involved in a homosexual relationship with a civilian from May 79 to Dec 79. On 30 Jul 80, the deputy Staff Judge Advocate (SJA) found the discharge action legally sufficient. On 14 Aug 80, the applicant received a general (under honorable conditions) discharge with a narrative reason for separation of Misconduct – Homosexual Acts – Board Waiver. His DD Form 214 reflects a Separation Program Designator (SPD) code of “HKC” and a Reentry Code (RE) of 2B which denotes discharged under general or other than honorable conditions. He was credited with 3 years, 6 months and 6 days of active service. In an undated letter, a request for post-service information was forwarded to the applicant for review and response within 30 days (Exhibit C) AIR FORCE EVALUATION: AFPC/DPSOR recommends approving the applicant’s request to change the narrative reason for separation to “Secretarial Authority” and the SPD code to “JFF.” Additionally, they recommend changing the separation authority to “Secretarial Authority.” They also recommend upgrading the service characterization to “Honorable.” On 10 Sep 11, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT).” Effective 20 Sept 11, Service DRBs should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” (Separation Program Designator Code (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 solely 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.” The applicant’s discharge was properly processed according to the applicable regulation and his discharge record indicates it was based solely on DADT. There was no evidence of additional misconduct or aggravating factors in his record. The complete DPSOR evaluation is at Exhibit D. AFPC/JA concurs with the DPSOR advisory. In addition, they recommend the applicant’s RE code be changed to “1J.” Changing the code will be consistent with the intent of the guidance issued by the Under Secretary of Defense and provide equitable and complete relief to the applicant. The complete JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant acknowledged receipt of the Air Force evaluations and the post service information. He states he is unable to provide a Federal Bureau of Investigation (FBI) report due to losing his job in the mortgage industry and his inability to find a new position. However, he indicates he has been an outstanding citizen since his discharge in 1980. In the past 35 years, he has not received as much as a speeding ticket has never been to jail and has grown to become an example setting family member, neighbor and friend. He is in the process of testing for his state insurance license and had to provide fingerprints to do so. The applicant’s complete response is at Exhibit G. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. In light of the repeal of Don’t Ask, Don’t Tell (DADT) and in accordance with the 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 re-characterize the discharge to honorable 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. Based on our review of the evidence of record, there was no evidence of additional misconduct or aggravating factors in his record. Though the applicant’s discharge was properly processed according to the applicable regulation at the time, his discharge record indicates it was based solely on DADT. Therefore, the applicant’s records should 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 he was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” Reentry (RE) Code of “1J” and furnished an Honorable Discharge certificate. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00863 was considered: Exhibit A. DD Form 149, dated 24 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Post Service Bulletin. Exhibit D. Memorandum, AFPC/DPSOR, dated 7 Apr 14. Exhibit E. Memorandum, AFPC/JA, dated 15 May 14. Exhibit F. Letter, SAF/MRBR, dated 30 May 14. Exhibit G. Applicant’s Rebuttal, dated 30 May 14.