RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04542

XXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to reflect an honorable discharge versus and undesirable.

APPLICANT CONTENDS THAT:

It is now honorable for homosexuals to serve our country.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force private who served from 26 Apr 49 until 6 Oct 50.

The applicant was found in Violation of the 61st Article of War, whereas without proper leave, was absent from her organization and station from about 15 Apr 50 to 19 Apr 50.

The applicant was charged with one charge and three specification of committing acts of homosexuality in violation of the 96th Article of War between Jun 49 and Jul 50.

In Jun 49, the applicant was charged with one charge and one specification of sodomy in violation of the 93rd Article of War. 

On 24 Jul 50, the applicant agreed to accept an undesirable discharge in lieu of trial by general court-martial.

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

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denying the application due to the untimeliness of the request.  The complete advisory is at Exhibit C.

AFPC/DP2STM recommends partially granting the application indicating that the applicant’s records clearly show the applicant’s discharge was based solely on “Don’t Ask Don’t Tell” or a similar policy at the time of separation.  Additional review of the applicant’s records show an aggravating factor which involved being absent without leave (AWOL) for approximately 5 days.  As a result, AFPC/DP2STM can only recommend that the applicant’s service characterization be upgraded to under honorable conditions (General).  The complete advisory is at Exhibit D.

AFPC/JA recommends granting the application to change the narrative reason for applicant’s discharge to “Secretarial Authority” and change the Separation Designator Code to “JFF”, however given the first summary court martial conviction, AFPC/JA does not recommend re-characterizing her service as honorable.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 26 Sep 18 for comment (Exhibit F), but has received no response.

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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an injustice.  The Board concurs with the rationale and recommendations of AFPC/DP2STM and AFPC/JA to change the applicant’s narrative reason for separation and corresponding separation code to Secretarial Authority. The Board does not agree with AFPC/DP2STM’s recommendation to upgrade the applicant’s service characterization to general (under honorable conditions) due to the aggravating factor noted above.  In the interest of justice, the Board considered upgrading the applicant’s discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way to determine if the applicant’s accomplishments since leaving the service warrant such an action.  Should the applicant provide additional evidence pertaining to her post-service activities, the Board may be willing to reconsider her request.  Therefore, the Board recommends correcting the applicant’s records to the extent 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 on 6 October 1950, she was discharged with a narrative reason for separation of “Secretarial Authority” and a separation code 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-2016-04542 in Executive Session on 8 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFLOA/JAJM, dated 25 Jun 18.
Exhibit D:	Advisory opinion, AFPC/DP2STM, dated 21 Sep 18.
Exhibit E:	Advisory opinion, AFPC/JA, dated 26 Sep 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Sep 18.

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