AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00160
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
reflect honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The laws have changed regarding homosexuality and she would like
her discharge upgraded since the law regarding the “Don’t ask,
Don’t tell” (DADT) has been repealed.
In support of her request, the applicant provides an expanded
statement and copies of her DD Form 214, Certificate of Release
or Discharge from Active Duty, a statement by the President
regarding the repeal of DADT, and a newspaper article.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Jan 80, the applicant entered active duty in the Regular
Air Force.
On 11 Oct 83, the applicant was notified by her squadron
commander that he was recommending her discharge from the Air
Force for homosexuality. The basis for the action was an Air
Force Office of Special Investigation (AFOSI) investigation that
revealed the applicant had committed homosexual conduct, as well
as her unsatisfactory progress on the Remedial Weight Control
Program.
On 11 Oct 83, the applicant acknowledged receipt of the discharge
notification and, after consulting with legal counsel, waived her
right to an administrative discharge board hearing.
On 24 Oct 83, the case was found legally sufficient to support
the action and, on 2 Nov 83, the discharge authority approved the
discharge.
On 13 Jan 84, the applicant was furnished a general (under
honorable conditions) discharge with a narrative reason for
separation of “Homosexual-Acts” and was credited with 3 years,
11 months, and 28 days of total active service.
On 20 Sep 11, the law 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10 USC 654, was repealed.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 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 the law commonly known as “Don't Ask, Don't Tell”
(DADT) and given the applicant's record of performance, we
believe it would be appropriate to correct her records to reflect
she was honorably discharged, with a narrative reason for
separation of "Secretarial Authority," and associated separation
program designator (SPD) and reentry (RE) codes. 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 Sep 2011, Discharge Review Boards should normally grant
requests to change the narrative reason for discharge (the change
should be to "Secretarial Authority" (SPD code KFF)), 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. While it appears the applicant’s failure to progress
on the remedial weight control program was included as a basis
for her discharge, we are not convinced this constitutes
misconduct that, in and of itself, would have formed the basis
for a general (under honorable conditions) discharge. Therefore,
we recommend the applicant’s records be corrected as indicated
below.
_________________________________________________________________
2
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
13 January 1984, she 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-2012-00160 in Executive Session on 26 Jan 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 18 Jan 12.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
3
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