RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02641
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1) Her records changed to reflect her married name.
2) Her narrative reason for separation of Homosexual
Admission, as indicated on her DD Form 214, Certificate of
Release or Discharge from Active Duty, be omitted.
________________________________________________________________
APPLICANT CONTENDS THAT:
She is married and would like for her records to reflect her
current last name.
Since Dont Ask, Dont Tell (DADT) has been repealed the reason
for her separation should be removed from her records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant began her military service on 21 September 1994.
On 21 July 1997, her supervisor submitted an AF Form 418, Selective Reenlistment Program Consideration, recommending she
be non-selected for reenlistment. On 1 August 1997, the unit
commander did not select her for reenlistment.
On 20 August 1997, the applicant acknowledged receipt of non-
selection for reenlistment and elected not to appeal the
decision.
On 27 August 1997, the applicant revealed her homosexual
preference to her first sergeant. As a result of the
applicants admission, her commander requested an inquiry.
On 7 November 1997, the applicants commander notified her that
she was recommending her discharge from the Air Force for
Homosexual Conduct based upon her statement and the results of
the inquiry. The commander determined that the applicant had
the propensity and/or intent to engage in homosexual acts.
After consulting with counsel, the applicant requested a
conditional waiver to a board hearing and waived her right to
make a statement in her own behalf. On 12 December 1997, the
discharge authority accepted her conditional waiver and directed
the applicant be honorably discharged.
On 23 January 1998, she was honorably discharged and credited
with 3 years, 4 months, and 3 days of total active service. She
received a narrative reason for separation of Homosexual
Admission.
On 16 October 2012, AFPC/DPSIRP notified the applicant that in
accordance with AFI 36-2608, Military Personnel Records Systems,
her name, as reflected in her military personnel records could
only be corrected if there is evidence the Air Force erroneously
recorded her name. In this case, her last name was correctly
recorded in her military personnel records and it was not until
after her discharge that her last name was changed.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends approval of the applicants request to
correct her narrative reason for separation. On 20 September
2011, the law commonly known as Dont Ask, Dont Tell (DADT),
10 U.S.C § 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. Although the discharge was processed according to
the applicable regulation, the applicants record indicates the
discharge was based solely on DADT or a similar policy and did
not involve aggravating factors. Accordingly, the applicants
narrative reason for separation should be changed to
Secretarial Authority, and her SPD code should be changed to
JFF, if the RE code is changed.
The complete AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends the applicants RE code be changed from 2C
to 2X (Denied Reenlistment). While the applicant was separated
for a homosexual admission and issued a RE code 2C, there were
aggravating factors in her records. Specifically, she was not
recommended or selected for reenlistment due to her duty
performance. In light of the repeal of DADT, the RE code 2C is
no longer appropriate. The next RE code in priority sequence
that applies to the applicant is RE code 2X, which is based on
her non-selection for reenlistment stemming from disciplinary
issues.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 5 November 2012 for review and comment within 30
days. As of this date, no response has been received by this
office (Exhibit E).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice with respect to
the applicants request for her records to be corrected to
reflect her married name. After a thorough review of the
evidence of record and the applicants complete submission, we
are not convinced the applicants records are erroneous. In
this respect, we note that in accordance with AFI 36-2608, Military Personnel Records Systems, the name under which the
applicant served was appropriately memorialized in her military
personnel records and it was not until after her service that
her name was changed. Therefore, we find no basis to recommend
granting this aspect of the applicants request.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an injustice with
respect to the applicants request to change her narrative
reason for separation. In light of the repeal of Dont Ask,
Dont Tell (DADT), we believe it would be appropriate to change
the narrative reason for separation to Secretarial Authority
and correct her separation program designator (SPD) code
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)), re-characterize the discharge to
honorable, and/or 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 we agree with
the AFPC/DPSOR determination that the applicants narrative
reason for separation and SPD code should be changed, we are not
convinced that her RE code should be corrected to reflect an
immediately-eligible-to-reenter category. In this respect, we
note there were aggravating factors in the applicants record
that, notwithstanding her homosexual admission, would have
formed the basis for her discharge. Specifically, the evidence
of record indicates the applicants commander had non-selected
her for reenlistment due to her substandard duty performance.
As such, were it not for her homosexual admission, the applicant
would have been involuntarily honorably discharged and issued an
RE code of 2X (denied reenlistment). Therefore, in view of the
above, we recommend the applicants records be corrected to the
extent 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 January 1998, she was honorably discharged with a narrative
reason for separation of Secretarial Authority rather than
Homosexual Admission, and issued a separation program
designator (SPD) code of JFF rather than GRB, and RE code of
2X rather than 2C.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02641 in Executive Session on 20 February 2013,
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 19 June 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 20 August 2012.
Exhibit D. Letter, AFPC/DPSOA, dated 28 September 2012.
Exhibit E. Letter, SAF/MRBR, dated 5 November 2012.
Panel Chair
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