RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-04207

XXXXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He served honorably; however, he was discharged based on an airman’s accusation that he was gay.  In light of the changes in the regulations that have taken place since his discharge, he asks that his discharge be upgraded to honorable.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 22 April 1966.

On 5 June 1967, the applicant’s commander notified him he was recommending his discharge from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, with a general (under honorable conditions) discharge.  The specific reason for his action was the applicant’s admitted acts of homosexuality as disclosed in his statement and another airman’s statement to the Office of Special Investigations.

On 5 June 1967, the applicant acknowledged receipt of the discharge notification and waived his right to a hearing before an administrative discharge board.

On 13 June 1967, the Staff Judge Advocate found the discharge legally sufficient; however, he did not concur with the commander’s recommendation for a general (under honorable conditions) discharge and recommended the applicant be separated with an undesirable [under other than honorable conditions] discharge.

Special Order A-188 dated 26 June 1967, directed the applicant be discharged under other than honorable conditions, and that he be furnished a DD Form 258AF, Undesirable Discharge Certificate. 

According to the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, he received an “Other than Honorable Conditions” character of service, was discharged effective 30 June 1967, and was credited with 1 year, 2 months, and 9 days of active service.

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, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT)”.  An excerpt from the aforementioned guidance is provided below:

“Effective September 20, 2011, Service DRBs should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” (Separation program Designator Code [SPD] code JFF), requests to re-characterize the discharge to honorable, and/or requests to change the reentry code to an immediately-eligible-to-renter category (the new RE code should be 1J) when both of the following conditions are met: (1) the original discharge was based solely upon 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 discharge should normally be considered to indicate the absence of aggravating factors.”

The applicant's discharge record indicates his discharge was based solely on DADT or a similar policy and did not involve aggravating factors.

On 16 September 2016, a request for post-service information was forwarded to the applicant for review and comment within 30 days (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.  In light of the repeal of DADT and in accordance with the Under Secretary of Defense memorandum, dated 10 September 2011, Discharge Review Boards should normally grant requests to re-characterize the discharge to honorable 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 set forth 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 30 June 1967, he received an “honorable” Character of Service, a Reason and Authority for separation of “Secretarial Authority,” a Separation Program Designator of “JFF,” a Reenlistment Code of “1J” and was furnished an Honorable Discharge certificate.

The following members of the Board considered AFBCMR Docket Number BC-2015-04207 in Executive Session on 11 October 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04207 was considered:

Exhibit A.  DD Form 149, dated 28 September 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFBCMR, dated 16 September 2016, 
  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.