RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02537

  					     COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Under Honorable Conditions discharge be changed to Honorable.

APPLICANT CONTENDS THAT:

He took drastic action to be relived from his cryptologist duties by offering a homosexual act with a fellow airman whom he knew was not homosexual.  He was not a homosexual at the time nor is he now.

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

STATEMENT OF FACTS:

On 21 Jan 52, the applicant initially entered the Regular Air Force.

On 9 Jan 64, an incident occurred at the applicant’s quarters with another male airman who subsequently notified Air Force authorities.

On 22 Apr 64, a psychiatrist at the USAF hospital, Wiesbaden issued an observation diagnosis of the applicant as probable   homosexuality, overt.  

On 22 Jul 64, the applicant was notified and acknowledged that the Commander, 7101 Air Base Wing had ordered a board of officers to convene, pursuant to AFR 35-66 (Discharge Processing When Homosexual Acts or Tendencies are Involved) to determine the applicant’s fitness to remain on active duty.  The applicant was advised that the board would consider if the applicant would be administratively discharged as a Class II, homosexual.    

On 28 Jul 64, the applicant addressed a letter to the Commander, 7th Air Force regarding his discharge pursuant to AFR-35-66. The applicant restates that the purpose of his action on 9 Jan 64 was to be relieved of duty and that he had requested two non-commissioned officers on three occasions to be relieved of duty. The applicant waived his right to a board hearing and willingness to accept his discharge. 

On 11 Sep 64, the applicant was discharged and received a General Discharge, Under Honorable Conditions. The listed separation designation number is SDN 257, (Unfitness, Homosexual Acts).  The applicant served 12 years, 7 months and 21 days on active duty.

On 20 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 RE 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 23 Jun 15, a request for post-service information was forwarded to the applicant for review and response 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 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.  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, based on the repeal of the law known as “Don’t Ask, Don’t Tell” (DADT) and the applicant’s record of performance, it is 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 change the character of service, the narrative reason for separation, the separation program designator code (SPD), and the re-entry (RE) code 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 the Board’s majority review, and the evidence of record, the applicant’s discharge meets these requirements.  With respect to the SPD and RE code, at the time of the applicant’s discharge this information was not documented on the DD 214, therefore no correction is applicable.   Therefore, we recommend the applicant’s record be corrected as indicated below.

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 11 Sep 64, he was discharged with a service characterization of “Honorable” and with a narrative reason for separation of “Secretarial Authority.”  

The following members of the Board considered AFBCMR Docket Number BC-2015-02537 in Executive Session on 1 Mar 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	Member

By a majority vote, the Board voted to correct the records, as recommended.  One Board member voted to deny the applicant’s request and did not desire to submit a Minority Report.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 23 Jun 15, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter with regard to AFBCMR Docket Number BC-2015-02537.