RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00128
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED


APPLICANT REQUESTS THAT:

1.  Her general (under honorable conditions) discharge be upgraded 
to honorable.

2.  Her narrative reason for separation be changed.


APPLICANT CONTENDS THAT:

She is a homosexual and was truthful about her status.  However, 
she was punished with a general discharge and given a narrative 
reason for separation of “Admitted Homosexual.”  There should be 
no mention of her homosexual preference.

The applicant believes the Board should find it in the interest of 
justice to consider her untimely application because the laws have 
changed.  

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


STATEMENT OF FACTS:

On 2 Jun 86, the applicant enlisted in the Regular Air Force for a 
period of four years.  

On 3 Dec 86, the applicant acknowledged receipt of an undated LOR 
stating that she did on or about 11 Dec 86 [sic] knowingly and 
willfully obtain a military ID card using false information.

On 10 Mar 87, the commander notified the applicant of 
administrative discharge action.  The specific reason for this was 
action was on or about 5 Mar 87, the applicant admitted to being a 
homosexual.  The commander stated the action could result in her 
separation with an honorable or a general discharge.  He also 
stated that he was recommending that she receive a general 
discharge.  After consulting with counsel, the applicant submitted 
a conditional waiver that she be given an administrative discharge 
board hearing contingent upon receiving no less than a general 
discharge.

On 19 Mar 87, the assistant staff judge advocate found the case 
file legally sufficient to support the discharge and recommended 
the discharge authority accept the conditional waiver.  He also 
noted the applicant had an instance of using false information to 
obtain a military Identification Card (ID), in Dec 86.  The 
discharge authority directed a general discharge, without 
Probation and Rehabilitation (P&R).

On 27 Mar 87, the applicant was discharged by reason of “Admitted 
Homosexual,” with service characterized as general (under 
honorable conditions).  She received a Reentry (RE) code of 2B 
which denotes an “approved involuntary separation with less than 
honorable discharge.”  She was credited with 9 months and 26 days 
of active duty service.  


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial; however, the Board should consider 
changing the separation code from "HRA" to "JFF" and the narrative 
reason for separation from "Admitted Homosexual" to "Secretarial 
Authority."  

The discharge record reflects that on or about 5 Mar 87, the 
applicant admitted to her officer in charge both verbally and in 
writing that she was homosexual.  The commander concluded the 
applicant had a propensity or intent to engage in homosexual acts.  
In addition, the applicant was given a Letter of Reprimand (LOR), 
undated, for obtaining military ID card using false information.  
Due to the additional aggravating factor in the applicant's 
discharge record, the commander recommended a general (under 
honorable conditions) discharge service characterization.

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, commonly known as DADT:

      Effective 20 Sep 11, Service Discharge Review Boards (DRBs) 
should normally grant requests to change the narrative reason for 
a discharge (the change should be "Secretarial Authority" 
(Separation Program Designator Code (SPD) code JFF)), requests to 
re-characterize the discharge to honorable, and/or requests to 
change the RE code to an immediately-eligible-to-renter category 
(the new RE code should be lJ) when both of the following 
conditions are met: (1) the original discharge was based upon 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 discharge should 
normally be considered to indicate the absence of aggravating 
factors.

The applicant’s discharge was properly processed according to the 
applicable regulation.  The applicant's discharge record indicates 
the discharge was not based solely on DADT because of the LOR for 
providing false information to obtain an ID card.  The commander 
concluded the applicant was made well aware of the standards and 
was unable to maintain minimal standards of acceptable conduct.  
This additional factor is also indicated by the applicant's 
general (under honorable conditions) service characterization.

The complete DPSOR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The LOR was not the basis for her discharge; in fact, the 
reprimand was four months prior to and had nothing to do with her 
discharge.  She accepted the LOR, knowing that she often confuse 
numbers and letters because of dyslexia.  She corrected the issue 
as soon as she found out that she had mixed up the numbers 
regarding the year of her birth.

Over the next four months she was an exceptional airman and was 
often complimented on her work ethic.  Under the facts portion of 
the advisory, it states that she had gone to her OIC and admitted 
that she was a homosexual.  However, she did not know what she was 
at that time, since she was only 19 and had not had sex with 
anyone.

She was dating an airman at that time, but had received a letter 
from a woman who said she was interested in her.  She was confused 
by this letter but never acted on it.  Even so, the commander 
concluded that she had a propensity or intent to engage in 
homosexual acts and she was kicked out for having a confused 
thought.

She would like her discharge characterization to be upgraded to 
honorable with no hidden codes attached to it; just honorable. 
This would mean so much to her.

The applicant’s complete response is at 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 injustice.  In light of the repeal of Don't 
Ask, Don't Tell (DADT), it would be appropriate to grant the 
requested relief.  While DPSOR recommends denial noting there was 
an additional aggravating factor in the applicant's discharge 
record, it is our opinion that were it not for her admitting that 
she was a homosexual she would not have been discharged.  
Therefore, in the interest of justice, we recommend the 
applicant’s discharge be upgraded to honorable and her narrative 
reason for separation be changed to “Secretarial Authority.”  
Although not requested by the applicant, based on the 
aforementioned policy, we also recommend the applicant’s RE code 
be changed to “1J.”  Accordingly, we recommend the applicant’s 
records 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 on 27 Mar 87, 
she was honorably discharged with a narrative reason for 
separation of (Secretarial Authority), a separation code of “JFF” 
and a reentry code of “1J.”  


The following members of the Board considered AFBCMR Docket Number 
BC-2014-00128 in Executive Session on 12 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 7 Jan 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 20 Mar 14.
	Exhibit D.  Letter, SAF/MRBR, dated 9 May 14.
	Exhibit E.  Letter, Applicant, dated 23 May 14.