RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03512 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general discharge be changed to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: The laws have changed regarding homosexuality, and he believes that he should receive the same consideration as the military personnel receive today. He was forced to admit that he was homosexual when the base commander went on a “witch hunt” to improve his status. He was sexually molested by two Air Force officers and one non- commissioned officer (NCO). He feels that because he was young and naïve that he was taken advantage of. He suffers from post- traumatic stress disorder (PTSD) because of the abuse and also suffers from depression. This has not allowed him to stay employed or to socialize and cannot maintain a quality of life. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 4 Nov 82. In a 24 May 84 statement to the Office of Special Investigations (OSI), the applicant revealed his homosexual preferences. While there were no witnesses to any actual homosexual conduct, in the same letter it indicated that another airman had seen the applicant in front of the Circle K store engaged in what was referred to as “homosexual activity.” On 29 Jul 84, the applicant was notified by his squadron commander that he was recommending his discharge from the Air Force for homosexuality. The basis for the proposed action was the applicant’s voluntary statement that revealed his homosexual preferences. He acknowledged receipt of the discharge notification and offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent on his receipt of no less than an honorable discharge. The discharge authority rejected the applicant’s waiver for a board and directed he be discharged with a general discharge. The staff judge advocate found the case legally sufficient to support the basis for discharge and concurred with a general service characterization. He received a general discharge on 14 Aug 84, after serving 1 year, 9 months, and 5 days on active duty. On 20 Sep 11, the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 USC 654, was repealed. The Department of Defense subsequently issued guidance indicating that Service Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge, requests to re-characterize the discharge to honorable, and/or requests to change the reentry code when both of the following conditions were 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. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 29 Nov 11, a copy of the FBI report and a request for information pertaining to his post-service activities were forwarded to the applicant for review and comment within 30 days. 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 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 DADT and the applicant's record of performance, it would be appropriate to change the narrative reason to "Secretarial Authority." In a memorandum, dated 20 September 2001, 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") 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, 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 APPLICANT be corrected to show that on 14 August 1984, he was honorably discharged with a narrative reason for separation of “Secretarial Authority” rather than “Admitted Homosexual or Bisexual,” and a separation code of “KFF” rather than “GRB.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03512 in Executive Session on 5 Apr 12, 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 14 Jun 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 29 Nov 11.