RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-00724 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge is unjust because the law changed. He was 18 years 
old at the time of his discharge. He was not aware of the law 
and was accused of one incident of indecency. He joined the Air 
Force to serve his country during the Korean War. He was married 
for 55 years, has three sons, is now 79 years old, and wishes to 
have his discharge changed in the name of justice. 

 

His complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Regular Air Force on 6 Oct 50. The 
applicant’s commander recommended him for discharge under AFR 35-
66 for homosexual conduct. He received an undesirable discharge 
effective 27 Nov 51 after serving 1 year, 1 month, and 18 days on 
active duty. 

 

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(DADT), 10 USC 654, was repealed.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 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 
contained in the letter prepared by the appropriate office of the 
Air Force, which is at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOA recommends changing the applicant’s Reenlistment 
Eligibility (RE) code to “1” (An applicant is eligible for 
immediate reenlistment (within 24 hours after separation), if his 
RE code is required to be listed. They do have the applicant’s 
DD Form 214, Report of Separation from the Armed Forces of the 
United States, to review to see if an RE code is listed. 

 

The complete DPSOA evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He asks the Board to consider the recommendation provided by the 
Air Force of primary responsibility and provides a copy of his 
DD Form 214 for review. 

 

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

 

_________________________________________________________________ 

 

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 injustice. In light of the 
repeal of Don't Ask, Don't Tell (DADT) and in accordance with the 
Under Secretary of Defense (Personnel and Readiness) guidance 
memorandum, Correction of Military records Following Repeal of 
Section 654 of Title 10, United States Code, dated 20 September 
2011, Discharge review Boards should normally grant requests to 
re-characterize a discharge to honorable when both of 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, we recommend upgrading the applicant’s 
discharge to honorable since there were no aggravating factors. 
We took note of AFPC/DPSOA’s recommendation to change the RE code 
if applicable; however, we note the applicant’s DD Form 214 does 
not list an RE code and therefore no change is necessary. 
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 APPLICANT be corrected to show that on 27 November 
1951 he was honorably discharged and furnished an Honorable 
Discharge certificate. 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-00724 in Executive Session on 26 Mar 13, 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 15 Feb 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOA, dated 6 Nov 12. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12. 

 Exhibit E. Letter, Applicant, dated 20 Dec 12, w/atchs. 

 

 

 

 

 

 Panel Chair