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AF | BCMR | CY2011 | BC-2011-01201
Original file (BC-2011-01201.txt) Auto-classification: Approved
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 “Don’t Ask, Don’t 
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 applicant’s 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 
applicant’s 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 applicant’s 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 applicant’s 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 Don’t Ask, Don’t Tell (DADT) and the applicant’s 
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 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 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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