RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01626 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He was coerced into resigning his Air Force commission in 1967 after two roommates revealed that he was gay. Their statements led the Office of Special Investigations (OSI) to harass him during an already difficult time in his life. He felt threatened and confused and resigned his commission “for the good of the service” in order to prevent undergoing a court- martial. He served honorably and would like his discharge upgraded. The Board should find it in the interest of justice to consider his untimely application because of the changes in the regulations that have taken place since his discharge. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: In an undated statement from the OSI, the applicant was interviewed during May 1967 in connection with several investigations of alleged homosexual activities of other Air Force personnel. On 11 May 1967, the applicant’s commander notified him that he had information warranting the initiation of action against him under the provisions of AFR 35-66, Discharge Processing Where Homosexual Acts or Tendencies are Involved. The applicant was also notified that he could tender his resignation for the “good of the service,” which would preclude trial by a general court- martial. In a letter dated 15 May 1967, the applicant tendered his resignation. On 5 July 1967, upon recommendation from the Air Force Personnel Board, the Secretary of the Air Force accepted the applicant’s resignation and directed that he be issued an under other than honorable conditions discharge. On 19 July 1967, the applicant was separated from the Air Force under the provisions of AFR 36-12, Administrative Separation of Commissioned Officers, with an under other than honorable conditions discharge. He served on active duty for a period of 11 months and 19 days. According to the applicant’s DD Form 293, Application for Review of Discharge or Separation from the Armed Forces of the Armed Forces of the United States, dated 22 July 1967, he requested his under other than honorable conditions discharge be upgraded to an honorable discharge. In a letter dated 21 November 1967, the Air Force Discharge Review Board considered all the facts of record and concluded that a change in the type or nature of discharge was not warranted. Accordingly the Secretary of the Air Force directed the applicant’s application be denied. AIR FORCE EVALUATION: AFPC/DPSOR recommends approval. On 10 September 2011, the Under Secretary of Defense issued guidance pertaining to correction of military record requests resulting from the repeal of Title 10, § 654, commonly known as Don't Ask, Don't Tell (DADT). Although the discharge was properly processed according to the applicable regulation, the applicant's discharge record indicates the discharge was based solely on DADT and did not involve aggravating factors. Since there were no other aggravating factors, an honorable service characterization is warranted in this case. Furthermore, since the Separation Program Designator (SPD) code on the applicant's DD Form 214 means “resignation in lieu of further action, or elimination, because of homosexuality (Class II),” his SPD code and the narrative reason for separation will also need to be changed. Accordingly, DPSOR recommends his narrative reason for separation be changed to “Secretarial Authority,” with a corresponding SPD code of “JFF.” The complete DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 11 August 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). 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 an error or injustice. In light of the repeal of DADT and in accordance with the Under Secretary of Defense (Personnel and Readiness) guidance memorandum, Correction of Military Records Following Repeal of § 654 of Title 10, United States Code, dated 20 September 2011; Discharge Review Boards should normally grant requests to change the narrative reason for a discharge to “Secretarial Authority,” SPD code to JFF and re-characterize the 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, the applicant’s discharge meets these requirements. Therefore, we recommend the applicant’s record be corrected as set forth 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 19 July 1967, he was honorably discharged with a narrative reason for separation of “Secretarial Authority,” a separation program designator code of “JFF” and that he be furnished an Honorable Discharge certificate. The following members of the Board considered this application in Executive Session on 12 February 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR BC-2014- 01626 was considered: Exhibit A. DD Form 149, 18 April 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 21 May 2014. Exhibit D. Letter, SAF/MRBR, dated 11 August 2014.