RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03324
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His rank on his DD Form 214, Certificate of Release or Discharge
from Active Duty, be corrected to reflect Airman First Class
(A1C), instead of Airman Basic (AB).
________________________________________________________________
APPLICANT CONTENDS THAT:
Since he was discharged under the Dont Ask Dont Tell (DADT)
policy for something which is now acceptable in the military, he
should be awarded the same A1C rank everyone entering the
Security Forces career field today receives.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 3 Mar 98 in the
grade of airman basic (E-1).
On 21 Aug 98, the applicant was furnished an entry-level
separation with uncharacterized service with a narrative reason
for separation of Homosexual Admission under the provisions of
DADT and was credited with 5 months and 19 days of active
service.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility (OPRs) which are included at Exhibits C,
D, and E.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating there is no evidence of
an error or injustice. Individuals may be accessed onto active
duty in the grade of A1C if they meet certain prior service or
education requirements. A review of the applicants enlistment
document reveals he was accessed onto active duty as an AB. In
addition, effective 20 Aug 01, individuals initially enlisting
for a period of six years are promoted from AB or Airman to A1C
upon completion of technical training. This policy does not
pertain to the applicant as he enlisted for a period of four
years and the policy did not become effective until three years
after his discharge. Finally, in accordance with AFI 36-2502, Airman Promotion Program, an AB is eligible for promotion to
Airman at six months time-in-grade (TIG). The immediate
commander must recommend the promotion before the airman assumes
the higher grade. The applicant was discharged before he had
attained six months of TIG. His rank at the time of his
discharge was not affected by his discharge under DADT.
A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.
AFPC/DPSOR recommends the applicants service characterization
reflected on his DD Form 214 be changed to Honorable, the
narrative reason for separation be changed to Secretarial
Authority, the separation program designator (SPD) code be
changed to JFF, and the reentry (RE) code be changed to 1J.
On 10 Sep 11, the Under Secretary of Defense issued guidance
pertaining to correction of military record requests resulting
from the repeal of Title 10, Section 654, commonly known as
Dont Ask, Dont Tell (DADT), which indicates that, effective
September 20, 2011, Service Discharge Review Boards should
normally grant requests to change the narrative reason for a
discharge (the change should be Secretarial Authority and
Separation program Designator Code (SPD) code JFF)), requests to
re-characterize the discharge to honorable, and/or requests to
change the reentry (RE) code to an immediately-eligible-to-
reenter category (the new RE code should be 1J) when both of the
following conditions are met: (1) the original discharge was
based upon 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. A review of the applicants discharge
record does not indicate the existence of aggravating factors,
i.e., an additional basis for discharge for misconduct or
performance related issues. The applicant was discharged for
making a statement that he was a homosexual or words to that
effect.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.
AFPC/DPSOA recommends the applicants RE code be changed to
1J. On 10 Sep 11, the Under Secretary of Defense issued
guidance to repeal the DADT policy. The guidance stated
requests to change the RE Code to 1J should be granted for
members separated under DADT or similar policy that did not
involve aggravating factors. A thorough search of the
applicants record did not reveal any aggravating factors.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 Mar 13 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice regarding the
applicants request to correct his records to reflect he had
attained the grade of AIC. We took notice of the applicants
complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of AFPC/DPSOE and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice
concerning adjusting his rank.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice related to the applicants character of service,
narrative reason for separation, and reentry (RE) and separation
program designator (SPD) codes. In this respect, we agree with
the opinions and recommendations of AFPC/DPSOR and AFPC/DPSOA
and adopt their rationale as the basis for our conclusion that
in view of the repeal DADT, it would be in the interest of
justice to correct the applicants record as 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
21 August 1998, he was honorably discharged, issued a narrative
reason for separation of Secretarial Authority, separation
program designator (SPD) code of JFF, reentry (RE) code of
1J, and was furnished an Honorable discharge certificate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03324 in Executive Session on 14 May 13, 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 26 Jul 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 24 Sep 12.
Exhibit D. Letter, AFPC/DPSOR, dated 10 Dec 12.
Exhibit E. Letter, AFPC/DPSOA, dated 19 Feb 13.
Exhibit F. Letter, SAF/MRBR, dated 8 Mar 13.
Panel Chair
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