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AF | BCMR | CY2012 | BC-2011-05059
Original file (BC-2011-05059.pdf) Auto-classification: Approved
 

  

 

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(DADT),  10  USC  654,  was  repealed.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 

 

  
3 

  

 
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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