RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00509
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded.


APPLICANT CONTENDS THAT:

He was forced to make an admission of homosexual acts under duress 
and was never openly homosexual during his four years in the Air 
Force.

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


STATEMENT OF FACTS:

On 6 May 64, the applicant initially entered the Regular Air 
Force.

On 16 May 68, the applicant’s commander notified him that he was 
recommending his discharge.  The specific reason for the discharge 
action was the applicant’s homosexual admission when evidence 
unfavorable to him was discovered during an investigation of 
another airman at a different duty station.

On 30 Apr 68, after consulting with legal counsel, the applicant 
acknowledged receipt of the action and waived his right to a 
hearing before an administrative discharge board.  He did not 
elect to submit any statements on his own behalf.

On 31 May 68, the legal office reviewed the case and found it 
legally sufficient and the discharge authority concurred with the 
commander’s recommendation.

On 5 Jun 68, the applicant was furnished a general (under 
honorable conditions) discharge and credited with four years and 
one month 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.

On 16 Jun 14, in response to a request for post-service 
information, the applicant provided a statement on his own behalf 
and his FBI criminal record check (no criminal records exist).  
The applicant’s complete response, with attachments, is at Exhibit 
D.


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 his discharge be upgraded to honorable 
based on the repeal of the law known as “Don’t Ask, Don’t Tell 
(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 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.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered.


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 Jun 68, 
he was honorably discharged, issued a narrative reason for 
separation of “Secretarial Authority,” and  Reentry (RE) Code of 
“1.”


The following members of the Board considered AFBCMR Docket Number 
BC-2014-00509 in Executive Session on 21 Nov 14 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 30 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 28 Jul 14.
	Exhibit D.  Applicant’s rebuttal letter, dated 16 Jun 14