RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01114 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her Separation Program Designation (SPD) code, Reentry (RE) code and Narrative Reason for Separation on her DD Form 214, Certificate of Release or Discharge, be corrected to reflect: a. SPD code: “JFF” b. RE code: “1J” c. Narrative Reason for Separation: “Secretarial Authority”. APPLICANT CONTENDS THAT: She was honorably discharged under “Don’t Ask, Don’t Tell” (DADT) in 1997. In a 10 page brief, the applicant's counsel makes the following key contentions: Since the time of discharge, the Department of the Defense (DoD) has repealed DADT and has opened the military service to qualified gay, lesbian and bisexual recruits, as well as those discharged under the former policy. The applicant’s improper discharge paperwork, she is now in the untenable position of having suffered discharge under DADT without the appropriate narrative reason, separation code and reentry code that would allow her to apply for reenlistment. The applicant does not want to repeatedly explain, for fear rejection because her DD Form 214 reflects a policy that has since been repealed. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 3 Jan 96. On 8 Dec 97, the applicant’s commander recommended her for discharge for homosexual conduct in accordance with AFI 36-3208, Administrative Separation of Airmen, Chapter 5, Section G, paragraphs 5.36.1 and 5.36.2.1. On 15 Dec 97, the Discharge Authority approved an administrative discharge with a service characterization of Honorable. On 19 Dec 97, the applicant was furnished an Honorable discharge, and was credited with 1 year, 11 months, and 17 days of active service. The applicant’s DD Form 214 reflects a Separation Code of “HRA”, Reentry Code “2C” and Narrative Reason for Separation “Homosexual Act”. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSOR recommends the Board approve the narrative reason for separation change to reflect “Secretarial Authority” and SPD code change to reflect “JFF”. Although the discharge was properly processed according to the applicable regulations, the applicant’s discharge record indicates the discharge was based solely on DADT and did not involve aggravating factors. The absence of aggravating factors is evidenced by the discharge authority granting the applicant an Honorable discharge service characterization. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends the Board approve the Reentry code change to “1J”. On 10 Sep 11, the Under Secretary of Defense issued guidance to repeal DADT. The guidance stated requests to change the RE code to “1J” should be granted for members separated under DADT or similar policy that did not involve aggravating factors. A thorough review of the applicant’s record did not reveal any aggravating factors. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant and counsel on 29 Sep 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. 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 error or injustice warranting relief. The applicant is requesting her discharge be upgraded to honorable based on the repeal of DADT. No evidence has been presented which would lead us to believe her discharge was improper or contrary to the directive under which it was effected at the time of his separation. However, in light of the repeal of Don’t Ask, Don’t Tell (DADT) and the applicant’s record of performance, it would be appropriate to upgrade her discharge to honorable. In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to re- characterize the discharge to honorable if 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, the applicant’s discharge meets these requirements. Therefore, 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 19 December 1997, she was issued an Honorable discharge with a separation code of “JFF”, reentry code of “1J”, narrative reason for separation of “Secretarial Authority” and was furnished an Honorable Discharge certificate. The following members of the Board considered AFBCMR Docket Number BC-2014-01114 in Executive Session on 16 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 30 Apr 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 2 Jun 14. Exhibit E. Letter, SAF/MRBR, dated 29 Sep 14.