RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01114
COUNSEL:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Separation Program Designation (SPD) code, Reentry (RE) code
and Narrative Reason for Separation on her DD Form 214,
Certificate of Release or Discharge, be corrected to reflect:
a. SPD code: JFF
b. RE code: 1J
c. Narrative Reason for Separation: Secretarial Authority.
APPLICANT CONTENDS THAT:
She was honorably discharged under Dont Ask, Dont Tell
(DADT) in 1997.
In a 10 page brief, the applicant's counsel makes the following
key contentions:
Since the time of discharge, the Department of the Defense
(DoD) has repealed DADT and has opened the military service to
qualified gay, lesbian and bisexual recruits, as well as those
discharged under the former policy.
The applicants improper discharge paperwork, she is now in
the untenable position of having suffered discharge under DADT
without the appropriate narrative reason, separation code and
reentry code that would allow her to apply for reenlistment.
The applicant does not want to repeatedly explain, for fear
rejection because her DD Form 214 reflects a policy that has
since been repealed.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 3 Jan
96.
On 8 Dec 97, the applicants commander recommended her for
discharge for homosexual conduct in accordance with AFI 36-3208,
Administrative Separation of Airmen, Chapter 5, Section G,
paragraphs 5.36.1 and 5.36.2.1.
On 15 Dec 97, the Discharge Authority approved an administrative
discharge with a service characterization of Honorable.
On 19 Dec 97, the applicant was furnished an Honorable
discharge, and was credited with 1 year, 11 months, and 17 days
of active service.
The applicants DD Form 214 reflects a Separation Code of HRA,
Reentry Code 2C and Narrative Reason for Separation
Homosexual Act.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, 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 the Board approve the narrative reason for
separation change to reflect Secretarial Authority and SPD
code change to reflect JFF. Although the discharge was
properly processed according to the applicable regulations, the
applicants discharge record indicates the discharge was based
solely on DADT and did not involve aggravating factors. The
absence of aggravating factors is evidenced by the discharge
authority granting the applicant an Honorable discharge service
characterization.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends the Board approve the Reentry code change
to 1J. On 10 Sep 11, the Under Secretary of Defense issued
guidance to repeal DADT. The guidance stated requests to change
the RE code to 1J should be granted for members separated
under DADT or similar policy that did not involve aggravating
factors. A thorough review of the applicants record did not
reveal any aggravating factors.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant and counsel on 29 Sep 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 her discharge be upgraded
to honorable based on the repeal of 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 his separation. However, in light of
the repeal of Dont Ask, Dont Tell (DADT) and the applicants
record of performance, it would be appropriate to upgrade her
discharge to honorable. In a memorandum, dated 20 Sep 11, the
Under Secretary of Defense published guidance that Service
Discharge Review Boards should normally 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. 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.
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
19 December 1997, she was issued an Honorable discharge with a
separation code of JFF, reentry code of 1J, narrative reason
for separation of Secretarial Authority and was furnished an
Honorable Discharge certificate.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01114 in Executive Session on 16 Feb 15 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 10 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 30 Apr 14.
Exhibit D. Memorandum, AFPC/DPSOA, dated 2 Jun 14.
Exhibit E. Letter, SAF/MRBR, dated 29 Sep 14.
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