AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2011-05059
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her narrative reason for separation of “homosexuality” be
removed from her DD Form 214, Certificate of Release or Discharge
from Active Duty – administratively corrected.
2. Her separation code (SPD) of HRB , Homosexual Admission, be
changed to “JFF” (Secretarial Authority) – administratively
corrected.
3. She be awarded non-commissioned officer (NCO) status.
4. Her reentry code (RE) code of “2C” (Involuntarily separated
with an honorable discharge) be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was victimized by a girl who had a crush on a woman that she
was dating. She did not receive the star to the rank of
sergeant. She was a bi-sexual, but did not have a documented
encounter.
The applicant does not provide any supporting documentation.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 12 Oct 78
through 30 Aug 82. She received an honorable discharge with a
narrative reason for separation of “Admitted Homosexual” and a
SPD code of “HRB” after serving 3 years, 10 months, and 19 days
on active duty.
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(DADT), 10 USC 654, was repealed.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.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are at Exhibit C, D, E, and F.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends approval. After reviewing the applicant’s
records, DPSOS did not find any aggravating factors, i.e., an
additional basis for discharge for misconduct or performance
related issues. Therefore, DPSOS recommends changing her
narrative reason for separation to “Secretarial Authority” and
her SPD code changed to “JFF”.
The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSOR recommends approval stating that the applicant’s
narrative reason for separation and SPD code should be changed to
“Secretarial Authority” and “JFF”, respectively.
The complete DPSOR evaluation is at Exhibit D.
AFPC/DPSOA recommends denying the applicant’s request for NCO
status as the commander denied her NCO status based on job
performance and the effects her behavior had on the unit. With
regard to changing the applicant’s RE code, they do not recommend
changing the code to “1J” (Eligible to reenlist, but elects to
separate) since the applicant was not selected for reenlistment
and there is no way to know whether her commander would have
selected or non-selected her under the Selective Reenlistment
Program (SRP). They do recommend her RE code be changed to “3K”
(Reserved for use by HQ AFPC or the AFBCMR when no other
reenlistment eligibility code applies or is appropriate).
The complete DPSOA evaluation is at Exhibit E.
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AFPC/JA recommends approval. Based on the new guidance and
pursuant to DoD policy, they are of the opinion that the
applicant’s narrative reason for separation should be changed to
“Secretarial Authority” as recommended by AFPC/DPSOR. They also
concur with the DPSOA recommendation of changing the applicant’s
RE code to “3K” because it is more appropriate in this case.
JA recommends denying the applicant’s request for NCO status
because the actions taken were in accordance with the law,
regulations, and applicable policy in effect at the time.
The complete JA evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 11 Oct 12 for review and comment within 30 days. As
of this date, this office has received no response.
_________________________________________________________________
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 injustice. In light of the
repeal of DADT and the applicant's record of performance, it
would be appropriate to change the applicant’s RE code to “3K.”
In this respect, we agree with the opinion and recommendation of
the Reenlistment Program Manager and adopt his rationale as our
basis for recommending this correction. Therefore, in addition
to the administrative corrections previously made to her records,
we recommend the applicant's record be corrected as indicated
below.
4. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice that warrants
awarding the applicant non-commissioned officer (NCO) status. In
this respect, we agree with the opinions and recommendations of
the Retirements/Separations Branch and the Staff Judge Advocate
office and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or
injustice with regard to this portion of her request. Therefore,
in the absence of evidence to the contrary, we find no basis to
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recommend granting the relief sought in this portion of the
application.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 30 August
1982, she was honorably discharged with a reentry (RE) code of
“3K” rather than “2C.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-05059 in Executive Session on 27 Nov 12, under the
provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 9 Apr 12.
Exhibit D. Letter, AFPC/DPSOR, dated 13 Jul 12.
Exhibit E. Letter, AFPC/DPSOA, dated 9 Aug 12.
Exhibit F. Letter, AFPC/JA, dated 18 Sep 12.
Exhibit G. Letter, SAF/MRBR, dated 11 Oct 12.
Panel Chair
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