RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-05004 COUNSEL:	NONE
HEARING DESIRED:	NO

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

2.	His Re-entry (RE) code be changed to “1J,” which denotes “Eligible to re-enlist, but elects separation”) rather than “2,” which denotes “Ineligible based on involuntarily discharged.”

APPLICANT CONTENDS THAT:

He was discharged for being gay. However, this is no longer a basis for a general (under honorable conditions) discharge and there were no aggravating factors.

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 18 Mar 59.

On 22 Aug 60, the applicant was notified of his commander’s intent to recommend his discharge from the Air Force under the provisions of Air Force Regulation (AFR) 35-66, Military Personnel – Discharge of Homosexuals for being classified as a Class II homosexual. In accordance with AFR 35-66, Class II cases were defined as willfully proposing, attempting, or engaging in one or more homosexual acts outside of the Class I category. Class I acts involved force, fraud, intimidation, or the seduction of a minor.

On 30 Aug 60, the applicant acknowledged receipt of the notification of discharge, waived his right to a hearing before a board of officers, consulted counsel and waived his right to submit a statement on his own behalf.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

On 14 Sep 60, the discharge authority approved the separation, and on 22 Sep 60, the applicant received a general (under honorable conditions) discharge and a re-entry (RE) code of “2,” which made the applicant ineligible to re-enlist. He was credited with one year, six months, and five days of total active service.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force Offices of Primary Responsibility, which are included at Exhibits C – E.

AIR FORCE EVALUATION:
AFPC/DP2STM recommends granting the applicant’s requests, to change his general (under honorable conditions) discharge to honorable. Also, his narrative reason for separation, be changed to “Secretarial Authority,” and the SPD code to “JFF.” In addition, recommend changing the discharge authority regulation to AFR 39-10, Administrative Separation of Airmen, dated 17 Mar 59.

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). Effective 20 Sep 11, service corrections boards should normally grant requests to change the narrative reason for a discharge (to “Secretarial Authority”) and the Separation Program Designator Code (SPD) (to “JFF”). Likewise, corrections boards should normally grant requests to re- characterize service as honorable and/or requests to change the RE code to one that would make the applicant immediately eligible to re-enter service (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 its own merits, the award of an honorable discharge should normally be considered to indicate the absence of aggravating factors. In the applicant’s case, the discharge was properly processed according to the applicable regulation, and the applicant's discharge 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 C.
AFPC/DP2SSM recommends the applicant’s RE code be changed to “1,” indicating at the time of the applicant’s discharge (1960), the equivalent of RE code 1J was 1, which denoted “Eligible;” there were no two digit RE codes at that time.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit D.
AFPC/JA concurs with the recommendations of AFPC/DP2STM and AFPC/DP2SSM that the applicant’s DD Form 214 be corrected to

reflect the accurate narrative reason for separation, SPD code, and RE code.

The records support that actions taken by the Air Force at the time complied with the law, regulations and policy in effect at the time. Additionally, based on a review of the applicant’s records, there is no evidence of aggravating factors in this case contributing to the discharge action.

A complete copy of the AFPC/JA evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 17 Feb 17, for review and comment within 30 days (Exhibit F). 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinions and recommendations of the Air Force Offices of Primary Responsibility and adopt their rationales as the bases for our decision that the applicant has been the victim of an error or injustice. Therefore, 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 the APPLICANT be corrected to show that:

a.	On 22 Sep 60, he was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a Separation Program Designator code of “JFF,” and a Re-entry code of “1.”

b.	He	was	discharged	under	the	provisions	of	AFR	39-10,
Administrative Separation of Airmen, dated 17 Mar 59.

The following members of the Board considered AFBCMR Docket Number BC-2015-05004 in Executive Session on 11 Apr 17, 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-2015-05004 was considered:

Exhibit A.	DD Form 149, dated 16 Nov 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DP2STM, dated 14 Feb 17. Exhibit D.	Memorandum, AFPC/DP2SSM, dated 14 Feb 17. Exhibit E.	Letter, AFBCMR, dated 17 Feb 17.

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.