RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-04605
		
							COUNSEL:  NONE
	
							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  The effective date of his discharge be changed to 30 October 1971, rather than 30 October 1970.

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

APPLICANT CONTENDS THAT:

His date of discharge from the Air Force should have been recorded as 30 October 1971, not 30 October 1970.

His discharge should be upgraded in light of the repeal of the Don’t Ask, Don’t Tell (DADT).

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 11 June 1969.

On 12 October 1970, 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.  The specific reason for his action was the applicant was found to be in a homosexual marriage to a civilian and his admitted acts of homosexual acts with other individuals while he was on active duty.  The commander recommended the applicant be discharged from the Air Force for Class II homosexual conduct and given an undesirable [under other than honorable conditions (UOTHC)] discharge characterization.

On 12 October 1970, the applicant acknowledged receipt of the discharge notification and waived his right to a hearing before an administrative discharge board.

On 12 October 1970, the Staff Judge Advocate found the discharge legally sufficient.

On 30 October 1970, the applicant was discharged under the provisions of AFM 39-12, Chapter 2, Section B (Homosexual Acts) and was furnished an under other than honorable conditions discharge.  He was credited with 1 year, 4 months, and 20 days of active service.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial of changing the applicant’s effective date of discharge indicating there is no evidence of an error or injustice.  The applicant’s separation order indicates he was separated on 30 October 1970.

A complete copy of the AFPC/DP2LT evaluation, with attachment, is at Exhibit C.

AFPC/DP2STM recommends granting the applicant’s request, to upgrade his discharge to honorable indicating there is evidence of an error or injustice.  In addition, the applicant’s narrative reason for discharge and corresponding separation code should be changed to Secretarial Authority (JFF), and the separation authority should be AFR 39-10, Administrative Separation of Airmen.  The applicant has not filed a timely petition, however, it is in the interest of justice to waive the failure to timely file.

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 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.”

Although the applicant’s discharge was processed according to the applicable regulation, his record indicates his discharge was based solely on DADT or a similar policy and did not involve aggravating factors.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 8 June 2016, for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s date of separation.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DP2LT and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting this portion of the applicant’s request.

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant upgrading the applicant’s discharge.  Having carefully reviewed this application, we agree with the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  We also believe it is appropriate to further correct the applicant’s records to change his RE code in accordance with the Under Secretary of Defense guidance.  Accordingly, we recommend the applicant's records be corrected as indicated 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 October 1970, he was honorably discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, with a character of service of “Honorable”, a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF,” a reentry code of “1J” and was furnished an Honorable Discharge certificate.

The following members of the Board considered AFBCMR Docket Number BC-2015-04605 in Executive Session on 3 November 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 23 October 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP2LT, dated 11 May 2016, 
  w/atchs.
Exhibit D.  Memorandum, AFPC/DP2STM, dated 19 May 2016.
Exhibit E.  Letter, AFBCMR, dated 8 June 2016.

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.