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 Dont Ask, Dont Tell (DADT).
The Air Force office of primary responsibility (OPR), AFPC/DPSOA,
addressed the applicants request for a change to his RE code and
found the RE code of 4G was, indeed, erroneous; however, the
applicants 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 applicants 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 Boards decision in the applicants case, and to preclude the
possibility of an injustice to the applicant related to the
applicability of said policy in the Boards consideration of his
case, the applicants case was reopened for reconsideration by
the AFBCMR.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends the applicants 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 applicants
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 applicants 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 applicants
record contained evidence of misconduct; however, after a
thorough review of the applicants 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
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