RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03753 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He was forced to make an admission under duress. In light of the repeal of “Don’t Ask Don’t Tell (DADT), his general discharge should be upgraded to honorable in order to receive medical benefits. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and an expanded statement. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 Jan 83, the applicant contracted his enlistment in the Regular Air Force and served as an Aerospace Control and Warning System Operator. On 14 Sep 83, the applicant’s commander notified him that he was recommending his discharge from the Air Force for homosexuality. The specific reason for the discharge action was the applicant’s admission of engaging in 5-10 bisexual relationships prior to entering active service and engaging in two homosexual relationships since entering active service. His commander advised him of his rights in this matter. On 14 Sep 83, after consulting with legal counsel, he acknowledged receipt of the action and waived his right to a hearing before an administrative discharge board, instead electing to submit a statement in his own behalf. On 15 Sep 83, the legal office reviewed the case and found it legally sufficient and the discharge authority concurred with the commander’s recommendation on 19 Sep 83. On 21 Sep 83, the applicant was furnished a general (under honorable conditions) discharge for admitting to engaging in homosexual or bisexual relationships. He was credited with 8 months and 12 days of active service. 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). 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 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. Pursuant to the Board’s request, the Federal Bureau of Investigation indicated that on the basis of the data furnished, they were unable to locate an arrest record. _________________________________________________________________ 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 error or injustice warranting relief. The applicant is requesting his discharge be upgraded to honorable based on the repeal of DADT. No evidence has been presented which would lead us to believe his 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 Don’t Ask, Don’t Tell (DADT) and the applicant’s record of performance, it would be appropriate to upgrade his 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 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 on 21 September 1983, he was discharged with service characterized as honorable, with a narrative reason for separation of “Secretarial Authority.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03753 in Executive Session on 13 Mar 12, under the provisions of AFI 36-2603: All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Sep 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, Under Secretary of Defense (USD), dated 20 Sep 11.