RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01030

	COUNSEL:  

	HEARING:  NO

APPLICANT REQUESTS THAT:

His character of separation be changed from Undesirable to Honorable. 

APPLICANT CONTENDS THAT:

His character of service should be changed in light of the repeal of Don’t Ask, Don’t Tell (DADT).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.

On 21 Feb 56, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 35-66, Discharge of Homosexuals for homosexual activity.

On 18 Jun 56, the applicant received an Undesirable discharge and was credited with 3 years, 10 months and 13 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, Section 654, commonly known as “DADT.”
An excerpt from the aforementioned guidance is provided below:

	“Effective 20 Sep 11, Service Discharge Review Boards (DRBs) should normally grant requests to change the narrative reason for discharge (the change should be “Secretarial Authority” 
(Separation program Designator Code (SPD) code JFF)), requests to re-characterize the discharge to Honorable, and/or requests to change the reentry code to an 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 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 discharge should normally be considered to indicate the absence of aggravating factors.”

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D and E.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends approving the applicant’s request to change his character of service to reflect honorable.  Furthermore, the narrative reason for separation should be changed to “Secretarial Authority,” the corresponding SPD code to “JFF,” and the discharge authority to AFR 39-10, Administrative Separation of Airmen.   Based on the repeal of 10 U.S.C Section 654, the applicant’s discharge should be corrected.  Although the discharge was processed according to the applicable regulation, the documentation found in the record indicates the discharge was based solely on DADT or a similar policy and did not involve aggravating factors.  A review of the master personnel record did not reveal any additional aggravating factors.  The complete advisory is at Exhibit D.

AFPC/JA recommends granting the application. The requested modifications to the applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States should be made in accordance with Department of Defense (DoD) policy.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 Feb 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  The Board concurs with the rationale and recommendations of AFPC/DP2STM and AFPC/JA and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records 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 18 June 1956, he was discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, with an honorable character of service, a narrative reason for separation of “Secretarial Authority,” and a separation program designator code of “JFF.” 

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01030 in Executive Session on 7 Jun 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency letter, w/atch, dated 6 Oct 17.
Exhibit D:	Advisory opinion, AFPC/DP2STM, dated 2 Feb 18.
Exhibit E:	Advisory opinion, AFPC/JA, dated 8 Feb 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.