RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02788 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: His discharge was based solely on homosexuality. His dream was to retire from the Air Force. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, character reference letters, and probate court orders. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 Oct 84, the applicant enlisted in the Regular Air Force. On 18 Jun 87, the applicant was notified by his squadron commander that he was recommending his discharge from the Air Force for homosexuality. The commander recommended the applicant receive a general (under honorable conditions) discharge. The applicant acknowledged receipt of the discharge notification and that he had consulted legal counsel. On 23 Jun 87, he offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent upon his receipt of no less than a general (under honorable conditions) discharge. On 25 Jun 87, the Staff Judge Advocate found the case legally sufficient to support the basis for discharge and recommended the discharge authority accept his conditional waiver. On 29 Jun 87, the discharge authority accepted the applicant’s waiver for a board and directed he be discharged with a general (under honorable conditions) discharge without the offer of probation and rehabilitation. On 30 Jun 87, the applicant received a general (under honorable conditions) discharge with a narrative reason for separation of Homosexuality – Acts and corresponding separation code of “HRA.” His DD Form 214, reflects a Reenlistment (RE) code of 2B which denotes discharged under general or under other than honorable conditions. He was credited with 2 years, 8 months and 21 days of active service. AIR FORCE EVALUATION: AFPC/DPSOR recommends approval. 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 Sep 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 RE code to an immediately-eligible-to-renter category (the new RE code should be lJ) 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. Although the discharge was properly processed according to the applicable regulation, the applicant's discharge record indicates his discharge was based solely on DADT or a similar policy and did not involve aggravating factors. Recommend the applicant's service characterization be changed to "Honorable," the narrative reason for separation, "Secretarial Authority," and the separation code to "JFF." The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends approval of a change to his RE code. On 10 Sep 11, the Under Secretary of Defense issued guidance related to the repeal of DADT. The guidance states that requests to change the RE code to 1J, which denotes “eligible to reenlist- elected separation or discharge” should be granted for members separated under DADT unless there were aggravating factors or misconduct present. The complete DPSOA evaluation is at Exhibit D. AFPC/JA concurs with the DPSOR and DPSOA advisories. Since the discharge was based solely on a DADT-like policy with no aggravating factors, the Under Secretary of Defense guidance is to change the characterization of service, the narrative reason for separation and the separation code. The complete JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 23 Dec 14, for review and comment within 30 days (Exhibit F). As of this date, this office has not received a response. 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. Having carefully reviewed this application, we agree with the recommendation of the Air Force offices of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. 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 30 June 1987, he was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a Separation Program Designator (SPD) code of “JFF,” and a Reenlistment (RE) code of “1J.” The following members of the Board considered AFBCMR Docket Number BC-2014-02788 in Executive Session on, 12 Mar 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 pertaining to AFBCMR Docket Number BC-2014-02788 was considered: Exhibit A. DD Form 149, dated 14 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 24 Sep 14. Exhibit D. Letter, AFPC/DPSOA, dated 16 Oct 14. Exhibit E. Letter, AFPC/JA, dated 4 Dec 14. Exhibit F. Letter, SAF/MRBR, dated 23 Dec 14. 3