RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01735
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected as follows:
1. His Character of Service be corrected to reflect Honorable,
instead of Uncharacterized.
2. His Separation Program Designator (SPD) Code be corrected to
reflect JFF (Secretarial Authority), instead of GRB (Homosexual
Admission).
3. His Reentry (RE) Code be corrected to reflect 1J (Eligible
to reenlist, but elects to separate), instead of 2C
(Involuntarily separated with an honorable discharge; or entry
level separation without service characterization of service).
4. His Narrative Reason for Separation be corrected to reflect
Secretarial Authority, instead of Homosexual Admission.
________________________________________________________________
APPLICANT CONTENDS THAT:
His records should be changed due to the repeal of Dont Ask,
Dont Tell (DADT) policy.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release of Discharge from Active
Duty, and a copy the Under Secretary of Defense memorandum,
Correction of Records Following Repeal of Section 654 of Title
10, United States Code, dated 10 Sep 11.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 5 May 05, the applicant commenced his enlistment in the Air
Force Reserve.
On 7 Dec 05, the applicants commander notified him that he was
recommending his discharge for homosexual conduct. The specific
reason for the action was the applicants written statement
attesting to difficulty adjusting to the military lifestyle
because he was homosexual.
The applicant acknowledged receipt of the action and, after
consulting with legal counsel, waived his right to an
administrative discharge board, or to submit a statement in his
own behalf.
On 22 Dec 05, the legal office reviewed the case and found it
legally sufficient to support separation and recommended the
applicant be furnished an entry-level separation. The staff
judge advocate noted the applicant was a Reserve member, his
active duty orders expired upon his completion basic military
training (BMT) and that he was ordered back on active duty for
technical training. Airmen are in entry-level status during the
first 180 days of continuous active military service or the
first 180 days of continuous active military service after a
break of more than 92 days. The applicant had a break in
service of 95 days and was well within 180 days of his reentry
onto active duty.
The discharge authority directed the applicant be furnished an
entry-level separation with uncharacterized service. On
5 Jan 06, he was furnished an entry-level separation with
uncharacterized service and credited with 6 months and 29 days
of total 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:
ARPC/DPTS recommends approving the applicants request. Under
the guidance of DADT, prior to changing an individuals
separation code, RE code, narrative reason for separation, or
service characterization, there must be a finding that either an
inequity or impropriety exists. The guidance further indicates
that the change is only appropriate when the original discharge
was based solely on DADT or a similar policy in place prior to
the enactment of DADT and there were no aggravating factors in
the record, such as misconduct. Based on a review of the
applicant's record, his discharge was based solely on the DADT
policy and there is no indication of aggravating factors.
A complete copy of the ARPC/DPTS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Aug 13 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The application was timely filed.
2. The applicant has exhausted all remedies provided by
existing law or regulations.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice to warrant
partial relief. The applicant is requesting his character of
service, narrative reason for separation, RE and Separation
codes be upgraded based on the repeal of Dont Ask Dont Tell.
In light of the repeal of DADT the Department of Defense issued
guidance designating that Service Discharge Review Boards (DRB)
should normally grant requests to change the narrative reason
for a discharge, upgrade of service characterization and change
the RE code when the original discharge was based solely on DADT
or a similar policy in place prior to the enactment of DADT, as
long as there were no misconduct in the record. While we note
the Air Force office of primary responsibility is recommending
complete relief, we are not convinced the applicants character
of service should be upgraded to honorable. In this respect, we
note that DoD policy indicates that the Department determined
that it would be unfair to characterize a members service when
discharge action is initiated within the first 180 days of
active service. We further note that uncharacterized separation
is not an unfavorable reflection upon the applicant's military
service nor should it be confused with other types of
separation. Rather, an entry-level separation with
uncharacterized service is used in those cases where the service
member has not yet completed six months of service at the time
of separation proceedings were initiated. Therefore, an
uncharacterized separation merely denotes the brevity of an
individual's membership in the service and may not, in and of
itself, be viewed as a defamation of character. Therefore,
based on the repeal of the provisions of DADT, we find it
appropriate to recommend correcting the applicants narrative
reason for separation and RE and SPD codes issued in conjunction
with his separation.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that he was
issued a narrative reason for separation of Secretarial
Authority, a separation program designator (SPD) code of JFF,
and a reentry code of 1J in conjunction with his 5 January
2006 entry-level separation with uncharacterized service."
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-01735 in Executive Session on 13 Feb 14, 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 3 Apr 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 31 Jul 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 23 Aug 13.
Panel Chair
AFBCMR BC-2013-01735
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code it is directed that:
The pertinent military records of the Department of the Air Force relating to , be
corrected to show that he was issued a narrative reason for separation of Secretarial Authority,
a separation program designator (SPD) code of JFF, and a reentry code of 1J in conjunction
with his 5 January 2006 entry-level separation with uncharacterized service.
Director
Air Force Review Boards Agency
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