RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05537
XXXXXXXXXX COUNSEL: XXXXXXX
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. Her general (under honorable conditions) discharge be
upgraded to honorable.
2. Her Reentry (RE) code be changed from 2B, which denotes
Approved Involuntary Separation with less than Honorable
Discharge to 1J, which denotes Eligible to Reenlist - Elected
Separation or Discharge.
3. Her separation code of GRA, which denotes Homosexual Acts
be changed to JFF, which denotes Secretarial Authority.
APPLICANT CONTENDS THAT:
Given the many documents in her record indicating her discharge
was carried out pursuant to Dont Ask, Dont Tell (DADT), and in
light of the changes in the regulations that have taken place
since her discharge, the Board should grant relief in the
interest of justice.
The Board should find it in the interest of justice to consider
her untimely application because through the repeal of DADT, the
military has acknowledged that homosexual conduct alone is not
grounds for discharge.
In support of her requests, the applicant provides copies of her
DD Form 214, Certificate of Release or Discharge from Active
Duty; Discharge Board Proceedings, letters of support, and
various other documents associated with her requests.
The applicant's complete submission, with attachments, is at
Exhibit A.
?
STATEMENT OF FACTS:
On 31 October 1995, the applicant was discharged from the Air
Force under the provisions of AFI 36-3208, Administrative
Separation of Airmen, with a general (under honorable
conditions) discharge. She received a narrative reason for
separation of Homosexual Acts and a RE Code of 2B.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends changing the applicants character of
service to honorable and her separation code to JFF. Although
the discharge was properly processed according to the
applicable regulation at the time, the applicant's discharge
record indicates that her discharge was based solely on DADT
and did not involve aggravating factors.
The complete DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends changing the applicants RE code to 1J. On
10 September 2011, the Under Secretary of Defense issued
guidance to repeal DADT. 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 applicant's record
did not reveal any aggravating factors.
The complete DPSOA evaluation is at Exhibit D.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 30 May 2014, copies of the Air Force evaluations were
forwarded to the applicant 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. In light of
the repeal of DADT and in accordance with the 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 re-
characterize the discharge to honorable 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 applicants discharge meets these
requirements. Therefore, we recommend the applicants record be
corrected as set forth 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
31 October 1995, she was honorably discharged with a narrative
reason for separation of Secretarial Authority, a separation
code of JFF and a Reentry (RE) code of 1J and that she be
furnished an Honorable Discharge certificate.
The following members of the Board considered AFBCMR BC-2013-
05537 in Executive Session on 9 December 2013, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, 6 January 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 4 April 2014.
Exhibit D. Letter, AFPC/DPSOA, dated 30 April 2014.
Exhibit E. Letter, SAF/MRBR, dated 30 May 2014.
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