RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-03062
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

With the acceptance of homosexuals in the military today she 
would like her discharge changed.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
11 Oct 88.  

On 12 Apr 89, the applicant’s commander notified her that he was 
recommending her discharge for homosexuality pursuant to AFR 39-
10, para 3-5.  The reason for the action was the applicant did 
engage or attempted to engage in a homosexual act with another 
airman.

On 12 Apr 89, after consulting with counsel, she acknowledged 
receipt of the action and waived her right to a hearing before 
an administrative discharge board, conditioned on receiving no 
worse than a general discharge characterization.

On 28 Apr 89, the action was found to be legally sufficient and 
the discharge authority concurred with the commander’s 
recommendation.

On 5 May 89, the applicant was furnished a general (under 
honorable conditions) discharge, and was credited with 6 months 
and 25 days of active service.

On 10 Aug 89, the Discharge Review Board (DRB) denied the 
applicant’s request to upgrade her discharge.  The Board 
concluded that the discharge was consistent with the procedural 
and substantive requirements of the discharge regulation, was 
within the discretion of the discharge authority and that the 
applicant was provided full administrative due process.

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 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, 
D, and E.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends approval of the applicant’s request to 
change her service characterization to Honorable, the narrative 
reason for separation to “Secretarial Authority,” and the SPD 
code to reflect “JFF.”  Although the discharge was properly 
processed according to the applicable regulation, the 
applicant’s discharge was based solely on DADT and did not 
involve aggravating factors.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends approval, indicating a change to reentry 
code is warranted.  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.  A thorough search of the applicant’s 
record did not reveal any aggravating factors.

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

AFPC/JA concurs with the DPSOR advisory.  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.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant deeply appreciates the positive advisory 
recommendations (Exhibit G).  


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice.  In light of the 
repeal of the law commonly known as 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, we believe that it would 
be in the interest of justice to recommend corrective action.  
In accordance with the USD-P&R guidance memorandum, 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 the applicant’s record.  Though the applicant’s 
discharge was properly processed according to the applicable 
regulation at the time, her 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 on 5 
May 1989, she 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. 


The following members of the Board considered AFBCMR Docket 
Number BC-2014-03062 in Executive Session on 22 Apr 15, under 
the provisions of AFI 36-2603:

	

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 4 Sep 14.
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 9 Oct 14.
	Exhibit E.  Memorandum, AFPC/JA, dated 21 Oct 14.
	Exhibit F.  Letter, SAF/MRBR, dated 17 Nov 14.
	Exhibit G.  Letter, Applicant, dated 25 Nov 14.