RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-03520
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.
________________________________________________________________

APPLICANT CONTENDS THAT:

He honorably served his country.  He was given an undesirable discharge for homosexuality.  He had no discipline or performance problems prior to the 
charges of homosexuality.  The Government has determined that homosexuals can serve in the military today.  If today’s standards were in effect during his 
term of service - he would not have received an undesirable discharge.

In support of the applicant’s appeal, he provides documents extracted from his military personnel records.

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

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on 25 October 1951.

The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFR 35-66 (Homosexuality).  
The record indicates that the applicant had been a regular participant in homosexual acts since the age of fourteen.

In an interview with personnel at the 38th Medical Group the applicant admitted to being a homosexual.  He stated that he had committed frequent acts of a 
homosexual nature both as a passive and an aggressive nature since being in the Air Force.  He also stated that he was discharged from the Navy prior to 
service in 
the Air Force because of homosexuality.


He was advised of his rights in this matter and after consulting 
with counsel the applicant waived his right to a hearing before 
a board of officers and requested discharge without benefit of 
board proceedings.  In a legal review of the case file, the 
staff judge advocate found the case legally sufficient.

The discharge authority concurred with the recommendation for 
discharge and directed an undesirable discharge.  The applicant 
was discharged on 24 April 1954.  He served 2 years and 6 months 
on active duty.

On 20 September 2011, the law commonly known as “Don't Ask, Don't Tell” (DADT), 10 USC 654, was repealed.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 (ORB) 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.
________________________________________________________________

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.  In light of the repeal of DADT and the 
applicant's record of performance, it would be appropriate to change the characterization of service, narrative reason for separation and corresponding 
separation program designator(SPD) code.  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 separation, corresponding SPD code, and upgrade the service 
characterization, 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 24 April 1954, he was honorably 
discharged with a narrative reason for separation of “Secretarial Authority,” a separation program designator code of “JFF,” and furnished an Honorable 
Discharge certificate.
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-03520 in Executive Session on 12 June 2014, under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 15 July 2013, w/atchs.
  Exhibit B.  DD Form 214 and Discharge Package.
2 3 4