RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02385
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation, separation program
designator (SPD) and reentry (RE) code
be changed to allow her to reenter military service.
________________________________________________________________
APPLICANT CONTENDS THAT:
She does not have a personality disorder. She left military
service because she was a lesbian and was not a good fit for the
military. She is revisiting the idea of joining the military
since the repeal of the Dont Ask Dont Tell (DADT) policy.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Regular Air Force on
15 May 07.
On 5 Jun 07, the applicant expressed she wanted to leave
military service, made homosexual admission, and attempted
suicide.
On 11 Jun 07, the applicants commander notified her that he was
recommending her discharge from the Air Force for a condition
that interfered with military service (mental disorder). The
basis for the proposed action was the 6 Jun 07 diagnosis by the
Behavioral Analysis Service of Adjustment Disorder with mixed
anxiety and depressed mood.
On 11 Jun 07, the applicant acknowledged receipt of the
notification of discharge and waived her rights to consult legal
counsel and to submit a statement in her own behalf.
On 11 Jun 07, the case was determined to be legally sufficient
and the discharge authority directed the applicant be furnished
an entry-level separation.
On 15 Jun 07, the applicant was furnished an entry-level
separation with uncharacterized service and a narrative reason
for separation of Personality Disorder, along with an SPD code
of JFX and RE code of 2C, (involuntarily separated with an
honorable discharge, or entry-level separation without
characterization of service). She was credited with one month
and one day of active service.
Airmen are given entry-level separation with uncharacterized
service when separation is initiated in the first 180 days of
continuous active service. The Department of Defense (DoD)
determined it would be unfair to the member and the service to
characterize a members limited service when separation is
initiated within the first 180 days of active service.
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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR will administratively correct the applicant's
separation code to reflect "JFY" and the narrative reason for
separation to "Adjustment Disorder," unless otherwise directed
by the board. A review of the applicant's record reveals there
was an error in the applicant's separation record. Her DD Form
214 incorrectly reflects she was discharged from the Air Force
with a separation code of "JFX" and a narrative reason of
"Personality Disorder." This does not infer that the
applicant's separation from the Air Force was unjust or
improper, rather the separation code entered on her DD Form 214
was incorrect. Since the applicant was diagnosed with an
Adjustment Disorder with depressed mood, the DD Form 214 should
have reflected a separation code of "JFY" and narrative reason
of "Adjustment Disorder." Although corrective action is
warranted with respect to the applicants SPD code and narrative
reason for separation, said corrective action will not result in
a more favorable reenlistment condition than what currently
appears on the applicant's DD Form 214. The applicants
uncharacterized character of service and RE are correct and in
accordance with DoD and Air Force Instructions.
The complete AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicant's request for
changing her RE code. The applicant is basing her support for
her requested changed on the repeal of DADT. However, she was
not discharged under the DADT or similar program. She was
discharged under Conditions that Interfere with Military
Service. AFPC/DPSOS validated the applicant's discharge
processing and identified the applicant's reason for separation
should be corrected and that her uncharacterized character of
service and RE code 2C would not be affected by recommended
change to the narrative reason for separation and SPD code.
The complete AFPC/DPAPP evaluation is at Exhibit D.
________________________________________________________________
APPLICANT REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 Aug 12 for review and comment within 30 days
(Exhibit E). 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
correction of the applicants record to allow her to reenlist.
We took notice of the applicants complete submission in judging
the merits of the case; however, we are not convinced the
applicants uncharacterized service represents an injustice. In
this respect, we note that in accordance with Department of
Defense (DoD) policy Airmen are given entry-level separation
with uncharacterized service when separation is initiated in the
first 180 days of continuous active service, regardless of the
basis for the action. While it is clear the applicants
homosexual admission precipitated her entry-level separation,
the fact remains that she was discharged due to her Adjustment
Disorder and her service was uncharacterized due to the duration
of said service, not because of her homosexual admission. We
also note the RE code 2C the applicant received is correct and
accurately reflects that she was furnished an entry-level
separation with uncharacterized service. As for her narrative
reason for separation and SPD code, we note that while the
applicant was diagnosed with an Adjustment Disorder, her DD Form
214 erroneously reflects a narrative reason for separation of
Personality Disorder and SPD code of JFX. We note that
AFPC/DPSOR has indicated they will administratively correct the
applicants record to reflect the appropriate narrative reason
for separation and SPD code and, although the recommended
changes will not provide the applicant with the relief she
seeks, we agree with their determination and, therefore, have no
objection to the administrative correction. We also note the
applicant has not expressed any objection to the proposed
administrative correction. Therefore, in view of the above, we
find no basis to correct the record as requested by the
applicant.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02385 in Executive Session on 28 Feb 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 10 Jul 12.
Exhibit D. Letter, AFPC/DPSOA, dated 2 Aug 12.
Exhibit E. Letter, SAF/MRBR, dated 30 Aug 12.
Panel Chair
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