RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03303 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His narrative reason for separation of “Homosexual Acts” be 
changed to “Early Release” on his DD Form 214, Certificate of 
Release or Discharge from Active Duty. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. When the narrative reason for separation was annotated on 
his DD Form 214, times were different in the United States armed 
services. The laws have changed over the past 21 years 
regarding homosexuality. 

 

2. He served his country with honor and dignity as a gunner on 
a B-52 Bomber. He was commended numerous times by his squadron 
and wing commander. In addition, he was selected as airman of 
the year for Carswell Air Force Base (AFB), Texas. 

 

In support of his request, the applicant provides copies of his 
AF Forms 909, Airman Performance Report (APR) (Airman Basic thru 
Senior Airman). 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 15 Mar 88, the applicant enlisted in the Regular Air Force. 

 

On 11 Jan 90, the applicant was notified of his commander’s 
intent to recommend that he be discharged from the Air Force 
under the provisions of AFR 39-10, Administrative Separation of 
Airmen. The applicant acknowledged receipt of the discharge 
notification and, after consulting with counsel, offered a 
conditional waiver of his rights associated with an 
administrative discharge board hearing contingent upon his 
receipt of no less than an honorable discharge. 

 

The specific reason for this action was: On or about 30 May 89, 
the applicant wrongfully committed an indecent act with another 
male person, by allowing him to perform fellatio on him. For 


this misconduct, he received non-judicial (NJP) under Article 
15, Uniform Code of Military Justice (UCMJ); reduction to the 
grade of airman first class with a new date of rank of 5 Jan 90. 

 

On 16 Jan 90, the base legal office found the case legally 
sufficient to support the basis for discharge and recommend an 
honorable discharge. The discharge authority approved the 
discharge. 

 

On 17 Jun 90, the applicant was honorably discharged by reason 
of Homosexual Acts, after serving 1 year, 10 months and 3 days 
of total active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI) Clarksburg, WV, states they were unable to 
identify an arrest record on the basis of the information 
furnished (Exhibit C). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSOS recommends denial of the applicant’s request to 
change his narrative reason for separation to “Early Release.” 
However, they recommend the applicant’s narrative reason for 
separation be changed to “Secretarial Authority” and his 
separation program designator (SPD) code be changed to “JFF.” 

 

“Effective 20 Sep 11, Service Discharge Review Boards (DRBs) 
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 (RE) 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.” The 

applicant’s discharge was prior to the enactment of DADT and a 
review of his records does not indicate aggravating factors; an 
additional basis for discharge for misconduct or performance 
related issues. 

 

DPSOS notes the applicant did submit a conditional board waiver. 
However, since the initiating commander recommended an honorable 
discharge characterization and stated there was no other 
derogatory information apart from an Article 15 for the same 
incident which formed the basis for discharge. The acceptance 
of the board waiver by the discharge authority did not alter or 
otherwise affect the applicant’s honorable discharge 
characterization. 


 

The complete DPSOS evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states he agrees with the findings in the letter 
dated 15 Feb 12, recommending his DD Form 214 be changed to 
“Secretarial Authority” and SPD code be changed to “JFF”. 

 

The applicant’s complete response, with attachments, is at 
Exhibit F. 

 

_________________________________________________________________ 

 

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 error or injustice warranting 
partial relief. Although it would not be proper to omit the 
narrative reason for the applicant’s discharge from the DD Form 
214, 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 the 
RE code to 1J. In a memorandum, dated 20 September 2011, the 
Under Secretary of Defense published guidance that Service 
Discharge Review Boards should normally grant requests to change 
the narrative reason for discharge (the change should be 
“Secretarial Authority” and the RE code 1J) when both of the 
following conditions are met: 1) the original discharge was 
based solely on 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 
17 January 1990, he was honorably discharged with a narrative 
reason for separation of “Secretarial Authority” rather than 
“Homosexual Acts,” a separation code of “JFF” rather than “HRA,” 
and a Reenlistment Code of “1J” rather “2C.” 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03303 in Executive Session on 19 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 was considered: 

 

 Exhibit A. DD Form 149, dated 23 Aug 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. AFPC/DPSOS, Letter, dated 15 Feb 12. 

 Exhibit D. SAF/MRBC, Letter, dated 29 Feb 12. 

 Exhibit E. Applicant’s Letter, dated 21 Mar 12 

 

 

 

 Panel Chair