RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00438
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Separation Program Designator (SPD) code of HRB
(homosexual conduct-statement) and Reenlistment Eligibility (RE)
code of 2C (Involuntarily separated with an honorable
discharge) be changed to allow her to rejoin the Air Force.
APPLICANT CONTENDS THAT:
She was discharged solely on the basis of homosexual conduct and
her case meets the criteria necessary to merit an upgrade under
the current policy related to the repeal of the law commonly
known as Dont Ask, Dont Tell (DADT).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
09 Sep 03, the applicant initially entered the Regular Air
Force.
On 24 Jun 10, the applicant was furnished an honorable_
discharge and was credited with 6 years, 9 months and 16 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, Section 654, 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 RE 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 memoranda 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
injustice. The applicants discharge was based solely on DADT
and did not involve aggravating factors. The applicant freely
and voluntarily informed her commander that she was a homosexual
and subsequently submitted a letter to her commander asking to
be discharged from the Air Force. Due to the absence of any
other aggravating factors, the applicant was furnished an
honorable_ discharge. Although the discharge was properly
processed according to the applicable regulation, because the
discharge was based solely on DADT, the board should 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. Based on 10 Sep 11 guidance repealing DADT, requests
to change RE code to 1J should be granted for members separated
under DADT or similar policy that did not involve aggravating
factors. Therefore, the board should direct the applicants 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 injustice warranting relief.
The applicant is requesting her separation program designator
(SPD) and reenlistment eligibility (RE) codes be changed based
on the repeal of the law known as Dont Ask, Dont Tell
(DADT). No evidence has been presented which would lead us to
believe her discharge was improper or contrary to the directive
under which it was effected at the time of her separation.
However, in light of the repeal of DADT and the applicants
record of performance, it would be appropriate to correct her
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
applicants discharge meets these requirements. Therefore, we
recommend the applicants record be corrected as indicated
below.
4. The applicants 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
24 June 2010, 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 her Honorable discharge.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00438 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 28 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 18 Feb 14.
Exhibit D. Memorandum, AFPC/DPSOA, dated 10 Mar 14.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.
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