RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00088
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES


APPLICANT REQUESTS THAT:

The narrative reason for separation on his on his DD Form 214, 
Report of Separation from Active Duty, be corrected to reflect 
“Secretarial Authority,” instead of “homosexual conduct.” 


APPLICANT CONTENDS THAT:

He was discharged on the basis of unfounded accusations of 
homosexual conduct and his discharge did not involve any 
aggravating factors.  Accordingly, his case meets the criteria 
necessary to merit an upgrade under the current policy related to 
the repeal of the law commonly known as “Don’t Ask, Don’t Tell” 
(DADT).  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 10 Sep 93, the applicant initially entered the Regular Air 
Force.

On 6 Jun 96, the applicant’s commander notified him that he was 
recommending his discharge under the provisions of AFI 36-3208, 
Chapter 5, Section G, paragraph 5.36.2.2 (homosexual conduct). The 
reason for the action was that an investigation into two other 
airmen revealed that the applicant committed homosexual acts.

On 11 Jun 96, the applicant acknowledged receipt of the discharge 
notification and requested a conditional waiver of his right to an 
administrative discharge board in exchange for no less than an 
honorable discharge.

On 2 Jul 96, the applicant was furnished an honorable discharge, 
and was credited with 2 years, 9 months, and 23 days of active 
service.

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, United States Code (USC), Section 
654, commonly known as “Don’t Ask, Don’t 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.  

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary responsibility (OPR) which are included at Exhibits C and 
D.


AIR FORCE EVALUATION: 

AFPC/DPSOR recommends granting relief, indicating sufficient 
evidence has been presented to demonstrate the existence of an 
injustice.  The applicant’s discharge was based solely on DADT and 
did not involve aggravating factors.  The absence of aggravating 
factors is also indicated by the applicant’s honorable service 
characterization.  Recommend the board approve the narrative 
reason for separation change to reflect “Secretarial Authority” 
and SPD code change to reflect “JFF.”  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends granting relief, indicating sufficient 
evidence has been presented to demonstrate the existence of an 
injustice.  The applicant was involuntarily discharged on 2 Jul 96 
with a narrative reason for separation of “Homosexual Conduct,” 
with an honorable character of service.  The applicant received an 
RE code of 2C—“Involuntarily separated with an honorable 
discharge; or entry level separation without characterization of 
service,” based on the involuntary discharge with honorable 
character of service.  On 10 Sep 11, the Under Secretary of 
Defense issued guidance repealing DADT.  The guidance stated 
requests to change 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 records 
did not reveal any aggravating factors.  The Board should direct 
the applicant’s RE code be changed to a 1J.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 28 Jul 14 for review and comment 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice warranting relief.  The 
applicant is requesting his narrative reason for separation be 
changed to “Secretarial Authority” in light of the repeal of the 
law known as “Don’t Ask, Don’t Tell” (DADT).  No evidence has been 
presented which would lead us to believe his discharge 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 
DADT and the applicant’s record of performance, it would be 
appropriate to correct his narrative reason for separation, 
separation program designator (SPD) and reenlistment eligibility 
(RE) codes.  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 character of service, 
narrative reason for separation, SPD, and RE codes 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.  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.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered.


?
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 2 Jul 96, 
the applicant was issued a narrative reason for separation of 
“Secretarial Authority,” Separation Program Designator (SPD) code 
of “JFF,” and Reentry (RE) Code of “1J” in conjunction with his 
Honorable discharge.


The following members of the Board considered AFBCMR Docket Number 
BC-2014-00088 in Executive Session on 21 Nov 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 16 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 4 Feb 14.
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 19 Feb 14.
	Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 14, w/atchs.