RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02797

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The Reason and Authority on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 13 Oct 59 be changed.

APPLICANT CONTENDS THAT:

He wants the stigma of homosexuality removed from his records.  He is not and never was gay. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  On 26 Feb 52, the applicant enlisted in the Air Force.  

On or about 24 Mar 59, the applicant was notified of the discharge action and board hearing for his participation in a homosexual act while on active duty.  The applicant acknowledged receipt of the notification of discharge and was informed he could consult legal counsel and submit statements in his own behalf.

On or about 13 May 59, a board convened and concluded the applicant was a Class II Homosexual and recommended the applicant be discharged with an honorable discharge.  The discharge authority directed discharge with an honorable service characterization.

The applicant served 7 years, 7 months and 18 days of active duty.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends granting the application.  According to the governing regulation at that time, the applicant’s discharge was properly processed.  The applicant’s discharge record indicates his discharge was based solely on a policy similar to Section 654 of Title 10, commonly known as “Don’t Ask, Don’t Tell” (DADT), which was in place at the time and was repealed in 2011.  There is no evidence of any misconduct or aggravating factors in his record.  This is further evidenced by the honorable service characterization he received at the time of his discharge.  Therefore, DP2STM recommends changing the narrative reasons for separation to Secretarial Authority and corresponding SPD/SDN code from 253 to JFF.  The complete advisory is at Exhibit C.

AFPC/JA also recommends granting the application.  They concur with the recommendation of AFPC/DP2STM to change the applicant’s DD Form 214 to reflect “Secretarial Authority” as the narrative reason for discharge and his SPD/SDN code as “JFF.”  The guidance for DADT states requests should be normally granted to change the narrative reason for discharge to “Secretarial authority” and the SPD code to “JFF”  when the original discharge was based solely on DADT or similar policy in place prior to the enactment of DADT and there were no aggravating factors in the record, such as misconduct.  The applicant meets the criteria.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Aug 17 for comment (Exhibit E), and the applicant provided a response.  In his response, the applicant contended he went to a board hearing to help a fellow airman.  He was asked if he ever had any relations with a male.  He told them of a situation where a male performed oral sex on him.  The officer at the board hearing made the comment that once was enough.  He was embarrassed by the comment and did not explain that he was molested when he was 14 years old before he entered the Air Force.  The applicant’s complete response is at Exhibit F.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendations of AFPC/DP2STM and AFPC/JA and finds that a preponderance of the evidence substantiates the applicant’s contentions. Therefore, the Board recommends 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 in conjunction with his honorable discharge on 13 October 1959, he received a narrative reason for separation of “Secretarial Authority,” with a separation program designator of “JFF.” 

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02797 in Executive Session on 9 August 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Jun 15.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 28 Sep 16.
Exhibit D:	Advisory opinion, AFPC/JA, dated 11 Aug 17
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Nov 17.
Exhibit F:	Letter, Applicant, w/atchs, undated.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.