RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04382
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His service in the Air Force was honorable. He is seeking
employment on Government facilities. Prior career opportunities
have been biased.
In support of the applicants appeal, he provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 December
1986.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFR 39-10 (Homosexuality). Specifically, on or about 1 March
1991 and 21 June 1993, the applicant did at various locations
engage in an ongoing homosexual relationship and did engage in
homosexual activity. The applicant was advised of his rights in
the matter.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient. The staff judge advocate
stated that on 22 October 1993, the applicant unconditionally
waived his right to an administrative discharge board and
requested a general discharge. The staff judge advocate
recommended the applicants unconditional waiver be acted upon
and recommended discharge. The discharge authority concurred
with the recommendation and directed a general (under honorable
conditions) discharge. The applicant was discharged on
1 November 1993. He served 6 years, 10 months, and 21 days on
active duty.
On 20 September 2011, 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Don't Tell (DADT), 10 USC 654, was repealed.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 (ORB) 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 recommends approval to change the applicants
character of service to honorable, the narrative reason for
separation to Secretarial Authority and SPD code to JFF.
The approval is based on the Under Secretary of Defense issued
guidance pertaining to correction of military records requests
resulting from the repeal of Title 10, Section 654, commonly
known as Don't Ask, Don't Tell (DADT).
Although the discharge was properly processed according to the
applicable regulation, the applicant's discharge record
indicates discharge was based solely on DADT and did not involve
aggravating factors. The absence of aggravating factors is also
indicated by the applicant's general service characterization.
The DPSOR complete evaluation is at Exhibit C.
AFPC/DPSOA recommends the applicants RE code be changed to
1J. DPSOA states the DADT guidance states 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 applicant's record did not reveal any
aggravating factors.
The DPSOA complete evaluation is at Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 April 2014, copies of the Air Force evaluations were
forwarded to the applicant for review and response 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. In light of
the repeal of DADT and the applicant's record of performance, it
would be appropriate to change the characterization of service,
RE code, narrative reason for separation and corresponding
separation program designator(SPD) code. In a memorandum, dated
20 September 2011, the Under Secretary of Defense published
guidance that Service Discharge Review Boards should normally
grant requests to change the narrative reason for separation,
corresponding SPD code, upgrade the service characterization,
and change the RE code 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.
Based on our review of the evidence of record, the applicant's
discharge meets these requirements. Therefore, we recommend the
applicant's record be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on 1
November 1993, he was honorably discharged with a narrative
reason for separation of Secretarial Authority, a separation
program designator code of JFF, and a reentry (RE) code of
lJ.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-04382 in Executive Session on 3 June 2014, under
the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 September 2013, w/atch.
Exhibit B. DD Form 214 and Discharge Package.
Exhibit C. Letter, AFPC/DPSOR, dated 4 December 2013.
Exhibit D. Letter, AFPC/DPSOA, dated 17 January 2014.
Exhibit E. Letter, SAF/MRBR dated 25 April 2014.
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