RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04512 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late father’s under other than honorable conditions discharge (UOTHC) be upgraded to an honorable discharge. APPLICANT CONTENDS THAT: Her father had requested a hardship discharge, but while waiting for approval he was seen by a fellow airman going into the apartment of a known homosexual. A few days later, his discharge was approved and because the deceased former service member’s father was ill he did not contest the discharge. His service had been honorable prior to this incident. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The deceased former member initially entered the Regular Air Force on 11 July 1951 and reenlisted on 10 July 1958, for a period of six years. On 20 December 1961, the deceased former member was separated under the provisions of AFR 39-17, Unfitness, with a military separation code of 257, Unfitness: Homosexual Acts, and furnished a UOTHC discharge. He was credited with 9 years, 5 months, and 11 days of total active service. On 8 July 1980, the Air Force Discharge Review Board (AFDRB) considered and denied the deceased former member’s request to change the type or nature of his discharge. The AFDRB concluded the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process. On 10 September 2011, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the repeal of Title 10, United States Code, Section 654 (10 U.S.C. § 654), commonly known as "Don’t Ask, Don’t Tell (DADT).” In a memorandum, dated 20 September 2011, 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. On 13 June 2013, according to documentation provided by the applicant, the deceased former member passed away. On 15 October 2014, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). 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 error or injustice warranting relief. The applicant is requesting an upgrade of her late father’s discharge, contending that his under other than honorable conditions (UOTHC) discharge was based solely on the fact that he was seen entering the apartment of a known homosexual. No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was affected at the time of his separation. However, in light of the repeal of DADT, and because there is no evidence of misconduct on the part of the deceased former member during his service, it would be appropriate to upgrade his discharge and correct the reason and authority for his separation. 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 character of service, narrative reason for separation, SPD, and RE codes 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 deceased former member’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 DECEASED FORMER MEMBER be corrected to show that on 20 December 1961, he was honorably discharged, with the reason and authority for his separation of “Secretarial Authority.” The following members of the Board considered AFBCMR Docket Number BC-2013-04512 in Executive Session on Friday, 21 Nov 2014 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 16 Sep 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 15 Oct 14.