RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01257 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His undesirable discharge be upgraded to honorable. 2. The narrative reason for discharge be changed to “Convenience of the Government.” 3. His Reentry (RE) code and Separation Program Designator (SPD) be changed to show he was honorably discharged. ________________________________________________________________ APPLICANT CONTENDS THAT: While serving in Korea, he was questioned by officials concerning contraband being flown back to the Continental United States (CONUS). He was discharged for refusing to release the names of the people involved. He was threatened with a court- martial if he did not disclose the names of the parties involved and was discharged with an undesirable discharge for remaining loyal. He has been a good person since his discharge. He has been a good provider for his family and is involved in his community. He is now 80 years old and would like to see this changed before he dies. He does not want anything from the government and is not requesting any Department of Veterans Affairs (DVA) benefits. His character of discharge has been a burden he has been carrying for 60 years. His family knows nothing of this and he worries about how they would feel upon his death if they found out. His ability to serve was impaired by his youth and immaturity and the punishment he received was too harsh for the offense. He has served his country and humbly requests that his undesirable discharge be changed to honorable. He was unaware that the Board was available to request an upgrade of his discharge. In support of his request, the applicant provides copies of his DD Form 214, Report of Separation from the Armed Forces of the United States, training certificates, United States Coast Guard Auxiliary membership certificate and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. On 5 Jun 2013, the applicant provided a copy of a certificate of appreciation from the Secretary of Defense for his service in the Korean War. He is in his 80’s and wants his discharge upgraded before his death. He would gladly serve again if he were able (Exhibit D). ________________________________________________________________ STATEMENT OF FACTS: On 29 Mar 1950, the applicant entered active duty. On 5 Aug 1952, his commander recommended him for discharge in accordance with AFR 35-66, “Discharge of Homosexuals, paragraph 5b(1) Homosexual Conduct–Submission of Signed Statement, with an Undesirable Discharge.” The specific reason for the discharge was the applicant admitted to a history of passive homosexual acts with another male partner and signed a statement agreeing to accept an Undesirable Discharge for the good of the service in lieu of further action under the provisions of AFR 35-66. On 25 Aug 1952, the discharge recommendation was approved. On 3 Oct 1952, the applicant was discharged with an Undesirable Discharge. He served 2 years, 6 months and 17 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends the applicant’s service characterization be corrected to reflect honorable, the narrative reason for separation be changed to Secretarial Authority and SPD code to “JFF.” Although the applicant provides another reason for his discharge, his master personnel records show he was separated under the provisions of AFR 35-66, Discharge of Homosexuals, paragraph 5b(1)(Homosexual Conduct–Submission of Signed Statement, with an Undesirable Discharge.” The applicant admitted to a long history of passive homosexual acts with another male partner and signed a statement agreeing to accept an Undesirable Discharge for the good of the service in lieu of further action under the provisions of AFR 35-66. On 10 Sep 2011, 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).” An excerpt from the aforementioned guidance is as follows: Effective 20 Sep 2011, Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge to Secretarial Authority and SPD code “JFF,” with an honorable characterization of service and RE code to 1J which denotes “eligible to reenter.” Although the discharge was properly processed, the applicant’s DD Form 214 includes the discharge was based solely on DADT or a similar policy and there were no other aggravating factors. Pursuant to the recent Department of Defense (DOD) policy guidance and after applying the DRB’s reviewing parameters, the applicant’s requests warrant a change to his service characterization and narrative reason for separation. The complete DPSOR evaluation is at Exhibit C. DPSOA recommends the applicant’s RE code be changed to “1.” The applicant was separated under DADT and RE code 1J applies unless there was misconduct present. However, when the applicant separated in 1952, the equivalent RE code was “1” as there were no two digit RE codes at the time. The complete DPSOA evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 5 Aug 2013, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, this office has not received a response (Exhibit F). _______________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of 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 (OPR) and adopt their rationale as the basis for our conclusion that the applicant has been the victim of an error or injustice. Accordingly, we recommend the records 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 3 October 1952 he was honorably discharged by reason of “Secretarial Authority,” with a separation code of “JFF” and a reenlistment (RE) code of “1.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01257 in Executive Session on 11 Feb 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary was considered: Exhibit A. DD Form 149, dated 8 Mar 2013, with atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 20 May 2013. Exhibit D. Letter, Applicant, dated 5 Jun 2013, w/atch. Exhibit E. Letter, AFPC/DPSOA, dated 27 Jun 2013. Exhibit F. Letter, SAF/MRBR, dated 5 Aug 2013, w/atch. 1 2