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AF | BCMR | CY2012 | BC-2012-02641
Original file (BC-2012-02641.txt) Auto-classification: Approved
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Since Don’t Ask, Don’t Tell (DADT) has been repealed the reason 
for her separation should be removed from her records. 

 

The applicant’s 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 
applicant’s admission, her commander requested an inquiry. 

 

On 7 November 1997, the applicant’s 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 applicant’s request to 
correct her narrative reason for separation. On 20 September 
2011, the law commonly known as “Don’t Ask, Don’t 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 applicant’s record indicates the 
discharge was based solely on DADT or a similar policy and did 
not involve aggravating factors. Accordingly, the applicant’s 
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 applicant’s 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 applicant’s request for her records to be corrected to 
reflect her married name. After a thorough review of the 
evidence of record and the applicant’s complete submission, we 
are not convinced the applicant’s 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 applicant’s request. 

 

4. Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an injustice with 
respect to the applicant’s request to change her narrative 
reason for separation. In light of the repeal of Don’t Ask, 
Don’t 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 applicant’s 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 applicant’s record 
that, notwithstanding her homosexual admission, would have 
formed the basis for her discharge. Specifically, the evidence 
of record indicates the applicant’s 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 applicant’s 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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