RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01825 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded.

APPLICANT CONTENDS THAT:
He served honorably and he has no record of misconduct during his military service. Further, the reason for his discharge is no longer looked upon as a shortcoming or character flaw.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
On 24 Jun 69, the applicant entered the Regular Air Force.
On 12 Sep 69, during a mental hygiene evaluation, the applicant admitted to homosexual relations. The mental health provider opined this admission was to facilitate a discharge from the Air Force and recommended his case be handled administratively.

On 19 Sep 69, the applicant’s commander notified him that he was recommending him for involuntary discharge; the basis for this action was admitted homosexual acts.

On 22 Sep 69, the applicant acknowledged receipt of  the discharge notification and was afforded consult with counsel. The applicant waived his right to a hearing before an administrative discharge board and did not submit statements on his own behalf.

On 1 Oct 69, the discharge was found legally sufficient.
On 6 Oct 69, the discharge authority approved the discharge and directed the applicant be issued a general discharge certificate.

On 17 Oct 69, the applicant was furnished an administrative discharge, with an under honorable conditions character of service, and was credited with 3 months and 24 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, United States Code (USC), 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.

In response to a request for post-service information (Exhibit
C) the applicant returned and FBI background check (revealing prior arrest data), a personal statement acknowledging the incident(s) identified in the FBI report, and a character statement of support submitted by his wife (Exhibit D).

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 Board interpreted 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
1.	

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
17 October 1969, he was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” and a Reentry (RE) Code of “1.”

The following members of the Board considered AFBCMR Docket Number BC-2015-01825 in Executive Session on 12 Jan 16 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR  Docket Number BC-2015-01825 was considered:

Exhibit A.	DD Form 149, dated 28 Apr 15.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, SAF/MRBR, dated 7 May 15.
Exhibit D.	Letter, Applicant, dated 17 Aug 15, w/atchs.