RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02022
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

Her Separation Program Designator (SPD) code of “GRA” and 
narrative reason for separation (homosexual conduct-Acts) be 
changed based on the change in the law of “Don’t Ask, Don’t 
Tell” that was passed in 2011. 


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 “Don’t Ask, Don’t Tell” (DADT).  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
13 Aug 02.

On 26 Aug 09, the applicant’s commander notified her that he was 
recommending her discharge for homosexual conduct, under the 
provisions of AFPD 36-32, Military Retirements and Separations, 
and AFI 36-3208, Administrative Separation of Airman, paragraph 
5.36.2.  

On 26 Aug 09 the applicant waived her right to a hearing before 
an administrative discharge board provided she received a no 
less than an honorable discharge.  

On 9 Sep 09, the discharge was found to be legally sufficient.

On 11 Sep 09, the commander directed the applicant receive an 
honorable discharge without probation and rehabilitation 
pursuant to AFI 36-3208, paragraph 5.36.2, for homosexual 
conduct.

On 16 Sep 09, the applicant was discharged honorably, was given 
a Narrative Reason for Separation of “Homosexual Conduct (Acts)” 
and was credited with seven years, one month, and four days of 
active service.

On 10 September 2011, the Under Secretary of Defense issued 
guidance pertaining to correction of military records requests 
resulting from the repeal of Title 10, United States Code, 
Section 654 (10 U.S.C. § 654), commonly known as "Don’t Ask, 
Don’t Tell (DADT).”  In a memorandum, dated 20 September 2011, 
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 memorandums 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 applicant’s discharge was based solely on DADT 
and did not involve aggravating factors.  The applicant freely 
and voluntarily informed her supervision that she was a 
homosexual and that she has a propensity to engage in homosexual 
acts.  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/JA recommends granting relief.  The applicant was separated 
from the Air Force on 16 Sep 09 for “Homosexual Conduct.”  A 
command-directed investigation was ordered to inquire into the 
circumstances that surrounded the applicant’s alleged homosexual 
conduct.  On 27 May 09, the applicant allegedly admitted to her 
First Sergeant that she was gay, had been involved with a female 
partner for over six months, and wanted to marry her girlfriend.  
The investigation officer found that the applicant engaged in 
homosexual conduct voluntarily, that there was no evidence that 
the applicant was forced to reveal her sexual preference or was 
discriminated against based on her sexual preference, and that 
the applicant did not attempt to manipulate the DoD Policy on 
Homosexual Conduct.  In addition, the applicant’s Reenlistment 
Code (RE) should be changed to a “1J.”  This would be consistent 
with the intent of the guidance issued by the Under Secretary of 
Defense and provide equitable and complete relief to the 
applicant consistent with her request.

A complete copy of the AFPC/JA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 4 Aug 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 a change in her Separation 
Program Designator (SPD) code and narrative reason for 
separation.  No evidence has been presented which would lead us 
to believe his discharge was improper or contrary to the 
directive under which it was affected at the time of her 
separation.  However, in light of the repeal of DADT, and 
because there is no evidence of misconduct on the part of the 
applicant during her service, it would be appropriate to correct 
the reason and authority for her separation.  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.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that she 
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 on 16 Sep 09.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-02022 in Executive Session on 19 Mar 15, under 
the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02022 was considered:

	Exhibit A.  DD Form 149, dated 13 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 30 May 14.
	Exhibit D.  Memorandum, AFPC/JA, dated 12 Jun 14.
	Exhibit E.  Letter, SAF/MRBR, dated 4 Aug 14.