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AF | BCMR | CY2014 | BC 2014 02788
Original file (BC 2014 02788.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02788
		COUNSEL: NONE
		HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to 
honorable.


APPLICANT CONTENDS THAT:

His discharge was based solely on homosexuality.  His dream was to 
retire from the Air Force.

In support of his request, the applicant provides copies of his DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
character reference letters, and probate court orders.

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


STATEMENT OF FACTS:

On 10 Oct 84, the applicant enlisted in the Regular Air Force.

On 18 Jun 87, the applicant was notified by his squadron commander 
that he was recommending his discharge from the Air Force for 
homosexuality.  The commander recommended the applicant receive a 
general (under honorable conditions) discharge.  The applicant 
acknowledged receipt of the discharge notification and that he had 
consulted legal counsel.  On 23 Jun 87, he offered a conditional 
waiver of his rights associated with an administrative discharge 
board hearing contingent upon his receipt of no less than a 
general (under honorable conditions) discharge.  

On 25 Jun 87, the Staff Judge Advocate found the case legally 
sufficient to support the basis for discharge and recommended the 
discharge authority accept his conditional waiver.  

On 29 Jun 87, the discharge authority accepted the applicant’s 
waiver for a board and directed he be discharged with a general 
(under honorable conditions) discharge without the offer of 
probation and rehabilitation.  

On 30 Jun 87, the applicant received a general (under honorable 
conditions) discharge with a narrative reason for separation of 
Homosexuality – Acts and corresponding separation code of “HRA.”  
His DD Form 214, reflects a Reenlistment (RE) code of 2B which 
denotes discharged under general or under other than honorable 
conditions.  He was credited with 2 years, 8 months and 21 days of 
active service.  


AIR FORCE EVALUATION:

AFPC/DPSOR recommends approval.  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 Sep 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 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 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.  Although the 
discharge was properly processed according to the applicable 
regulation, the applicant's discharge record indicates his 
discharge was based solely on DADT or a similar policy and did not 
involve aggravating factors.  Recommend the applicant's service 
characterization be changed to "Honorable," the narrative reason 
for separation, "Secretarial Authority," and the separation code 
to "JFF."  

The complete DPSOR evaluation is at Exhibit C.  

AFPC/DPSOA recommends approval of a change to his RE code.  On 
10 Sep 11, the Under Secretary of Defense issued guidance related 
to the repeal of DADT.  The guidance states that requests to 
change the RE code to 1J, which denotes “eligible to reenlist-
elected separation or discharge” should be granted for members 
separated under DADT unless there were aggravating factors or 
misconduct present.  

The complete DPSOA evaluation is at Exhibit D.  

AFPC/JA concurs with the DPSOR and DPSOA advisories.  Since the 
discharge was based solely on a DADT-like policy with no 
aggravating factors, the Under Secretary of Defense guidance is to 
change the characterization of service, the narrative reason for 
separation and the separation code. 

The complete JA evaluation is at Exhibit E.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 23 Dec 14, for review and comment within 30 days 
(Exhibit F).  As of this date, this office has not received a 
response.


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.  Having carefully reviewed this 
application, we agree with the recommendation of the Air Force 
offices of primary responsibility and adopt the rationale 
expressed as the basis for our decision that the applicant has 
been the victim of either an error or an injustice.  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 on 30 June 
1987, he was honorably discharged with a narrative reason for 
separation of “Secretarial Authority,” a Separation Program 
Designator (SPD) code of “JFF,” and a Reenlistment (RE) code of 
“1J.”


The following members of the Board considered AFBCMR Docket Number 
BC-2014-02788 in Executive Session on, 12 Mar 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 pertaining to AFBCMR Docket Number 
BC-2014-02788 was considered:

	Exhibit A.  DD Form 149, dated 14 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 24 Sep 14.
	Exhibit D.  Letter, AFPC/DPSOA, dated 16 Oct 14.
	Exhibit E.  Letter, AFPC/JA, dated 4 Dec 14.
	Exhibit F.  Letter, SAF/MRBR, dated 23 Dec 14.
3


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