RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02807 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions discharge be upgraded to Honorable. APPLICANT CONTENDS THAT: Now that homosexuals may serve openly in the Air Force, he would like the Air Force to please remove the words “Other than” or “Undesirable” from his discharge record. In support of his request, the applicant provided a letter detailing his service and a National Criminal Records Report from Sentry Link which identify “No criminal records were found” for a search of his name and social security number. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Regular Air Force on 21 Mar 44. On 6 Jun 56, the applicant was notified by his commander that he intended to discharge him under the provisions of AFR 35-66, Discharge for Homosexual Acts or Tendencies, paragraph 6. The applicant acknowledged receipt of the notification and was informed he could consult with legal counsel and submit statements on his behalf. On 24 Aug 56, the applicant was found by a Board to be a Class II Homosexual and recommended he receive an undesirable discharge. On 15 Nov 56, the discharge authority approved an Under Other Than Honorable Conditions discharge. On 22 Oct 56, the applicant was furnished an Under Other Than Honorable Conditions discharge, and was credited with 12 years, 7 months, and 2 days of creditable for pay purposes. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSOR recommends the Board approve the applicant’s request to upgrade his service characterization to “Honorable”. Furthermore, they recommend the discharge authority be changed from “AFR 35-66” to “AFR 39-10, Administrative Separation of Airmen”. Finally, they recommend that the Board approve changing the Separation Program Designator (SPD) code from “257” to “JFF” and the narrative reason for separation from “Attrition, Homosexual – Class II, Board Authority” to “Secretarial Authority”. On 10 Sep 11, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the appeal of Title 10, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT). An excerpt from the aforementioned guidance is provided: “Effective September 20, 2011, Service DRBs should normally grant requests to change the narrative reason for a discharge (the change should be “Secretarial Authority” and SPD code JFF), requests to re-characterize the discharge to Honorable, and/or request to change the reentry code to a immediately- eligible-to-renter category (the new RE code should be 1J) when both of the following conditions are met: (1) the original discharge was based solely upon DADT or similar policy in place prior to enactment of DADT and (2) there were no aggravating factors in the record, such as misconduct. Although the discharge was properly processed according to the applicable regulation, the applicant’s discharge record indicates the discharge was based solely on DADT. There does not appear to be any additional misconduct or aggravating factors in the record. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends the Board direct the applicant’s RE code be change to “1”. On 10 Sep 11, the Under Secretary of Defense issued guidance pertaining to correction of military records requests resulting from the appeal of Title 10, Section 654, commonly known as “Don’t Ask, Don’t Tell (DADT). The guidance stated requests to change the RE code to “1J” should be granted for member’s separated under DADT unless there as misconduct present. However, when the applicant separated in 1956, the equivalent of RE code “1J” was “1 – eligible”; there were no two digit RE codes at that time. A thorough search of the applicant’s records did not reveal any evidence of misconduct. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFPC/JA recommends approval. They concur with the advisories provided by AFPC/DPSOR and DPSOA to change the applicant’s service characterization to “Honorable”, the narrative reason for separation to “Secretarial Authority, the SPD code to “JFF” and the RE Code to “1”. The applicant’s request falls squarely within the Under Secretary of Defense post-DADT guidance. 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 23 Jan 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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 warranting relief. The applicant is requesting his discharge be upgraded to honorable based on the repeal of DADT. 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. We took note of AFPC/DPSOA’s recommendation to change the RE code; 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 the APPLICANT be corrected to show that on 22 October 1956, he was discharged with a narrative reason for separation of “Secretarial Authority”, a separation program designator code of “JFF”, and a service characterization of “Honorable”. The following members of the Board considered AFBCMR Docket Number BC-2014-02807 in Executive Session on 2 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02807 was considered: Exhibit A. DD Form 149, dated 14 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 18 Aug 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 6 Nov 14. Exhibit E. Memorandum, AFPC/JA, dated 10 Dec 14. Exhibit F. Letter, SAF/MRBR, dated 23 Jan 15.