ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02621
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his discharge he had no other option, but since
the repeal of Dont Ask Dont Tell (DADT), he would like his
discharge upgraded so he can reenlist into military service.
The applicants complete submission is at Exhibit G.
________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
10 Jan 08. For an accounting of the facts and circumstances
surrounding the applicants request, and the rationale for the
earlier decision by the Board, see the Record of Proceedings,
with Exhibits, at Exhibit F.
On 10 Sep 11, the Under Secretary of Defense issued guidance
pertaining to correction of military records requests resulting
from the repeal of Title 10, Section 654, the law commonly known
as Dont Ask, Dont Tell (DADT). In a memorandum, dated
20 Sep 11, the Under Secretary of Defense published guidance
that Service Discharge Review Boards should normally grant
requests to change the narrative reason for discharge (the
change should be to Secretarial Authority), requests to re-
characterize the discharge to honorable, and/or request a change
to the reentry code to an immediately-eligible-to-reenter
category 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. Although
each request must be evaluated on a case-by-case basis, the
award of an honorable or general (under honorable conditions)
discharge should normally be considered to indicate the absence
of aggravating factors.
By DD Form 149, dated 11 Sep 12, the applicant requests
reconsideration to have his discharge upgraded based on the
repeal of DADT. The applicant's complete submission, with
attachment, is at Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice warranting partial relief. The
applicant is now requesting his UOTHC discharge be upgraded to
honorable based on the repeal of DADT. We previously noted the
applicants DD Form 214 reflects that he received an
uncharacterized entry-level separation and not an UOTHC
discharge. We further noted that an uncharacterized separation
is not an unfavorable reflection upon the applicants military
service and should not be confused with other types of
separation. Again, the entry-level separation with
uncharacterized service is used in cases where the service
member has not completed more than 180 days of service at the
time of separation. No evidence has been presented which would
lead us to believe his entry-level separation was improper or
contrary to the directive under which it was effected at the
time of his separation. However, in light of the repeal of
Dont Ask, Dont Tell (DADT) the Service Discharge Review Boards
can grant requests to re-characterize the discharge to honorable
if 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. In the applicants case he does
not meet the criteria to re-characterize his service to
honorable under the Repeal of Dont Ask, Dont Tell based on his
receiving an entry-level separation. The Board does find the
evidence of record, warrants a change in the applicants
narrative reason for separation and separation code under the
Repeal of Dont Ask, Dont Tell. Therefore, we recommend the
applicants record be corrected 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 he
was issued a narrative reason for separation of Secretarial
Authority rather than Homosexual Acts, and a separation code
of KFF rather than HRA in conjunction with his
14 September 1987 entry-level separation with uncharacterized
service.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2007-02621 in Executive Session on 23 May 13, 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 F. Record of Proceedings, dated 4 Jan 08,
w/Exhibits.
Exhibit G. DD Form 149, dated 11 Sep 12.
Panel Chair
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