RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04409 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was given a disability discharge instead of a General (Under Honorable Conditions) discharge for homosexual acts. ________________________________________________________________ APPLICANT CONTENDS THAT: The laws regarding homosexuality have changed. At 81 he wants to change the General discharge and the reason for it to Honorable to reflect his service. During the Air Force Office of Special Investigation (AFOSI) questioning he was humiliated. While waiting to be returned to the USA, he was with criminals and almost raped. Coming from a small town he was embarrassed and humiliated when his family learned of his general discharge and the reason for it. This caused him severe mental anguish. In support of his request, the applicant provides an expanded statement and a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 23 Jan 52, the applicant entered the Regular Air Force. On 13 Mar 54, the applicant stated he believed himself to be a homosexual in a sworn statement to the AFOSI. On 12 Apr 54, the applicant made a similar statement during a Neuropsychiatric exam. On 7 Jun 54, the applicant’s commander initiated discharge action to determine whether the applicant should be discharged pursuant to AFR 35-66, Discharge of Homosexuals, as a Class III homosexual (possesses homosexual tendencies). On 9 Jun 54, the applicant waived his entitlement to appear before a board and requested discharge. On 29 Jul 54, the Secretary of the Air Force Personnel Council directed discharge with a General discharge certificate pursuant to AFR 35-66. On 23 Sep 54, the applicant was furnished a general (under honorable conditions) discharge and credited with two years, eight months, and one day of total active service. On 20 Sep 11, the law commonly known as “Don’t Ask, Don’t Tell (DADT)”, 10 USC 654, was repealed. The Department of Defense subsequently issued guidance indicating that Service Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge, requests to re-characterize the discharge to honorable, and/or requests to change the reentry code (RE) when both of the following conditions were 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. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of responsibility, which are included at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends approval, indicating the applicant’s discharge took place prior to the enactment of DADT and a review of his records does not indicate aggravating factors (i.e., an additional basis for discharge for misconduct or performance related issues). Therefore, the applicant’s narrative reason for separation should be changed to “Secretarial Authority,” separation program designator (SPD) code should be changed to “JFF,” and his character of service should be upgraded to “Honorable”. A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends the applicant’s RE code be changed to “1.” A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFPC/JA recommends the applicant’s discharge be re- characterized; however, because it appears that the actions taken to effect the separation were in accordance with the law and governing regulations of the time, they recommend any relief afforded be limited to that 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 27 Apr 12 for review and comment within 30 days (Exhibit F). The applicant provided an expanded statement indicating he would like a decision as soon as possible because he is 82 and not well. He also reiterates some earlier statements and expresses the hope that the discharge be changed to help with unnecessary feelings of guilt and shame. ________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s request for a disability discharge. While the applicant contends that he should be given a disability discharge due to the humiliation he experienced in the aftermath of an Air Force Office of Special Investigation (AFOSI) investigation, other than his own uncorroborated assertions, he has presented no evidence whatsoever for us to consider in evaluating his request. Therefore, we find no basis to recommend granting the applicant’s request for a disability discharge. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to his general (under honorable conditions) discharge under AFR 35-66, Discharge of Homosexuals. No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected at the time of his separation. However, in light of the repeal of Don’t Ask, Don’t Tell (DADT) and the applicant’s record of performance, it would be appropriate to upgrade his discharge to honorable. In a memorandum, dated 20 Sep 11, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to re-characterize the discharge to honorable if 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 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 23 Sep 1954, he was discharged with service characterized as honorable, with a narrative reason for separation of “Secretarial Authority” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04409 in Executive Session on 28 Aug 12 under the provisions of AFI 36-2603: All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Nov 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 5 Mar 12. Exhibit D. Letter, AFPC/DPSOA, dated 5 Apr 12. Exhibit E. Letter, AFPC/JA, dated 18 Apr 12. Exhibit F. Letter, SAF/MRBR, dated 27 Apr 12. Exhibit G. Letter, Applicant, dated 2 May 12. Exhibit H. Letter, Applicant, dated 22 Jun 12.