RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04486
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to remove or change her narrative reason
for separation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was wrongfully accused of homosexual acts because of an unjust
inspection of her living quarters. The inspection found her
roommate in her bunk instead of the top bunk where her roommates
bed was. By way of an explanation, her roommate was in the
applicants bed because the night before the roommate was too
inebriated to climb up to her own bunk. Though her roommate was
found fully clothed, her commander seemed set on labeling her as
homosexual and pushed for her separation.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Jun 87, the applicant was notified by her commander that he
was recommending she be discharged for homosexuality. The
commander recommended a general, under honorable conditions (UHC)
discharge. The reasons for the discharge action are as follows:
She was discovered sleeping in the same bed with another female
airman. A subsequent investigation by the Office of Special
Investigations (OSI) yielded confessions from the applicant and
another female airman that they had committed homosexual acts
together.
She acknowledged receipt of the notification; consulted counsel,
and exercised her right to present her case to a board of
officers. After considering all the evidence, the board found
that she did commit homosexual acts and recommended she be
separated with an honorable discharge.
On 23 Nov 87, she was honorably discharged for homosexuality after
serving for 3 years, 6 months, and 19 days.
On 20 Sep 11, the law commonly known as Dont Ask, Dont 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(DADT), 10 USC 654 was repealed.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/DPSOS recommends denial. Homosexual conduct was grounds for
separation from the military service under the terms as set forth
by Air Force Regulation (AFR) 39-10. Homosexual conduct includes
homosexual acts, a statement by the member that demonstrates a
propensity or intent to engage in homosexual acts, or a homosexual
marriage or attempted marriage.
Her discharge from the Air Force was legally sufficient based on
current policy at the time of her discharge making her narrative
reason for separation an appropriate reason for discharge.
DPSOS notes she did not submit any evidence or identify any errors
or injustices that occurred in the processing of her discharge.
Neither has she provided facts that would warrant a change to her
narrative reason for separation. Therefore, based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority.
DPSOSs complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 13 Jan 12 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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, the majority of the Board believes it
would be appropriate to change the narrative reason for
separation to Secretarial Authority and correct her 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 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. Based on our review of the
evidence of record, the majority finds the applicants discharge
meets these requirements. Therefore, the Board majority
recommends 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 the APPLICANT be corrected to show that on
23 November 1987, she was honorably discharged with a narrative
reason for separation of "Secretarial Authority" rather than
"Homosexualuality - Acts," a separation program designator code of
"KFF" rather than "GRA," and a reentry code of "1J" rather than
"2C."
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2011-04486 in Executive Session on 3 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
A majority of the Board voted to correct the records. voted to
deny the request, but did not elect to submit a minority report.
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04486 was considered:
Exhibit A. DD Form 149, dated 8 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 5 Jan 12.
Exhibit D. Letter, SAF/MRBR, dated 13 Jan 12.
Acting Panel Chair
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