RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-00209
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable.  


APPLICANT CONTENDS THAT:

He was young and made some mistakes.  He served proudly and would 
like to receive benefits as a veteran.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
29 Feb 56.  

On 31 Mar 58, the applicant’s commander notified him that he was 
recommending his separation from service under the provisions of 
AFR 35-66, paragraph 14a as a class II homosexual.  The reason for 
this action is as follows; an investigation was initiated by the 
direction of the commander, based on information that the 
applicant had participated in homosexual acts while a member of 
the service.  

On 31 Mar 58, the applicant acknowledged receipt of the action and 
waived his right to appear before an administrative discharge 
board.  On 31 Mar 58, the applicant waived his right to consult 
with legal counsel.

On 17 Apr 58, the discharge authority concurred with the 
commander’s recommendation and directed the applicant be furnished 
a UOTHC discharge. 

On 2 Jun 58, the applicant was furnished a UOTHC discharge, and 
was credited with three years, three months, and seven days of 
active service.

On 10 Sep 11, the Under Secretary of Defense issued guidance 
pertaining to correction of military records requests resulting 
from the repeal of Title 10, United States Code (USC), Section 
654, commonly known as “Don’t Ask, Don’t Tell (DADT).”  In a 
memorandum, dated 20 Sep 11, the Under Secretary of Defense 
published guidance that Service Discharge Review Boards should 
normally grant requests to change the narrative reason for 
discharge (the change should be to “Secretarial Authority”), 
requests to re-characterize the discharge to honorable, and/or 
request a change to the reentry code to an immediately-eligible-
to-reenter category 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.  Although 
each request must be evaluated on a case-by-case basis, the award 
of an honorable or general (under honorable conditions) discharge 
should normally be considered to indicate the absence of 
aggravating factors.  

On 27 Jan 15, a request for post-service information was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, a response has not been received by this office 
(Exhibit C).


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 DADT, it 
would be appropriate to grant the requested relief.  In a 
memorandum, dated 20 September 2011, the Under Secretary of 
Defense published guidance that Service Discharge Review Boards 
should normally grant requests to change the narrative reason for 
discharge (the change should be to “Secretarial Authority”) 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.  Since we have determined that the applicant’s 
discharge was based solely on DADT, the applicant’s RE code should 
be changed to reflect “1.”  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 5 Jun 58, 
he was honorably discharged with a narrative reason for separation 
of “Secretarial Authority” with a separation code of “JFF,” and a 
reenlistment eligibility (RE) code of “1” rather than “2.”  


The following members of the Board considered AFBCMR Docket Number 
BC-2015-00209 in Executive Session on 8 Sep 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-2015-00209 was considered:

	Exhibit A.  DD Form 149, dated 29 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 27 Jan 15.