RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00863
			COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His narrative reason for separation be changed and his discharge 
characterization be upgraded to honorable based on the repeal of 
10 U.S.C. Section 654.


APPLICANT CONTENDS THAT:

He was discharged in 1980 and America has evolved since then.  
He is seeking employment and agencies want a copy of his DD Form 
214, Certificate of Release or Discharge from Active Duty.  

His narrative reason for separation, “Misconduct – Homosexual 
Acts – Board Waiver,” is defamatory and disparaging.  He feels 
some of the agencies he is seeking assistance from may not be 
willing to work with him because prejudice still exists.  He 
feels a same-sex encounter does not constitute misconduct and 
something so personal should not be made public.  

The Board should find it in the interest of justice to consider 
his untimely application in light of the recent changes 
regarding gay soldiers in the military.  

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


STATEMENT OF FACTS:

On 9 Aug 77, the applicant initially entered the Regular Air 
Force.

On 27 Jun 80, he received notification that he was being 
discharged under the provisions of AFM 39-12, Separation for 
Unsuitability, Misconduct, Resignation or Request for Discharge 
for the Good of the Service.  The specific reason for this 
action was the applicant was involved in a homosexual 
relationship with a civilian from May 79 to Dec 79.

On 30 Jul 80, the deputy Staff Judge Advocate (SJA) found the 
discharge action legally sufficient.

On 14 Aug 80, the applicant received a general (under honorable 
conditions) discharge with a narrative reason for separation of 
Misconduct – Homosexual Acts – Board Waiver.  His DD Form 214 
reflects a Separation Program Designator (SPD) code of “HKC” and 
a Reentry Code (RE) of 2B which denotes discharged under general 
or other than honorable conditions.  He was credited with 
3 years, 6 months and 6 days of active service.

In an undated letter, a request for post-service information was 
forwarded to the applicant for review and response within 
30 days (Exhibit C) 


AIR FORCE EVALUATION:

AFPC/DPSOR recommends approving the applicant’s request to 
change the narrative reason for separation to “Secretarial 
Authority” and the SPD code to “JFF.”  Additionally, they 
recommend changing the separation authority to “Secretarial 
Authority.”  They also recommend upgrading the service 
characterization to “Honorable.”  

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 
“Don’t Ask, Don’t Tell (DADT).”  Effective 20 Sept 11, Service 
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 reentry code to an immediately-eligible-
to-reenter category (the new RE code should be 1J) when both of 
the following conditions are met:  (1) the original discharge 
was based solely 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 and his discharge record indicates it 
was based solely on DADT.  There was no evidence of additional 
misconduct or aggravating factors in his record.
 
The complete DPSOR evaluation is at Exhibit D.

AFPC/JA concurs with the DPSOR advisory.  In addition, they 
recommend the applicant’s RE code be changed to “1J.”  Changing 
the code will be consistent with the intent of the guidance 
issued by the Under Secretary of Defense and provide equitable 
and complete relief to the applicant.  


The complete JA evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant acknowledged receipt of the Air Force evaluations 
and the post service information.  He states he is unable to 
provide a Federal Bureau of Investigation (FBI) report due to 
losing his job in the mortgage industry and his inability to 
find a new position.  However, he indicates he has been an 
outstanding citizen since his discharge in 1980.  In the past 
35 years, he has not received as much as a speeding ticket has 
never been to jail and has grown to become an example setting 
family member, neighbor and friend.  He is in the process of 
testing for his state insurance license and had to provide 
fingerprints to do so.

The applicant’s complete response is at Exhibit G. 


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) 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, there was no evidence of additional 
misconduct or aggravating factors in his record.  Though the 
applicant’s discharge was properly processed according to the 
applicable regulation at the time, his discharge record 
indicates it was based solely on DADT.  Therefore, the 
applicant’s records should 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 
honorably discharged, issued a narrative reason for separation 
of “Secretarial Authority,” Separation Program Designator (SPD) 
code of “JFF,” Reentry (RE) Code of “1J” and furnished an 
Honorable Discharge certificate. 


All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00863 was considered:

	Exhibit A.  DD Form 149, dated 24 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Post Service Bulletin.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 7 Apr 14.
	Exhibit E.  Memorandum, AFPC/JA, dated 15 May 14.
	Exhibit F.  Letter, SAF/MRBR, dated 30 May 14.
	Exhibit G.  Applicant’s Rebuttal, dated 30 May 14.