RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01201
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to:
1. Remove the Narrative Reason for Separation of Homosexual
Admission from his DD Form 214, Certificate of Release or
Discharge from Active Duty.
2. Change the Separation Program Designator (SPD) code of HRB
and Reentry (RE) code of 2C on his DD Form 214 to codes that
would allow him to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged under the provisions of Dont Ask, Dont
Tell. His Narrative Reason for Separation on his DD Form 214 of
Homosexual Admission opens him up to prejudice for future
employment. Now that homosexuals can enter the armed forces, his
SPD and RE Codes should be changed so he is eligible to reenter
the military.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Mar 03, the applicant entered active duty in the Regular
Air Force.
On 14 Jul 04, the applicant verbally revealed his homosexual
preferences to his First Sergeant and admitted to having
committed a homosexual act.
On 20 Jul 04, the applicants commander notified him that he
intended to recommend his discharge from the Air Force for
homosexual conduct. The basis for the proposed action was the
applicants voluntary statement that he had committed a
homosexual act because it indicated a likelihood that he engaged
in or will engage in homosexual acts. The applicant acknowledged
receipt of the discharge notification, waived his right to a
hearing before an administrative discharge board, waived his
right to military counsel, and chose not to submit a statement on
his behalf.
On 21 Jul 04, the applicants commander recommended he be
discharged; and on 27 Jul 04, the discharge authority agreed and
directed he be provided an Honorable discharge.
On 5 Aug 04, the applicant was honorably discharged by reason of
Homosexual Admission, after serving on active duty for a period
of 1 year, 4 months, and 18 days.
On 20 Sep 11, the law commonly known as "Don't Ask, Don't Tell"
(DADT), 10 USC 654, was repealed. The Department of Defense
subsequently issued guidance indicating that Service Discharge
Review Boards (DRB) should normally grant requests to change the
narrative reason for a discharge, requests to re-characterize the
discharge to honorable, and/or requests to change the reentry
code when both of the following conditions were 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, indicating there is no evidence of
an error or injustice. The applicants RE Code of 2C is required
per AFI 36-2606, Reenlistments in the USAF, Chapter 3, based on
his involuntary discharge with an honorable character of service,
and the applicant has failed to demonstrate any error or
injustice.
The complete AFPC/DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 Jul 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received by this office (Exhibit D).
_________________________________________________________________
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 Dont Ask, Dont Tell (DADT) and the applicants
record of performance, it would be appropriate to change the
narrative reason to Secretarial Authority and 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 JFF)), requests to recharacterize 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.
Based on our review of the evidence of record, the applicants
discharge meets these requirements. Therefore, we recommend the
applicants record be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 5 Aug 04, 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-2011-01201 in Executive Session on 12 Apr 12, 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-2011-01201 was considered:
Exhibit A. DD Form 149, dated 20 Mar 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 25 May 11.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 11.
Panel Chair
.
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