RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01849

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He would like his discharge changed so he can receive the benefits that are due to him.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman second class (E-3).  

The applicant’s military personnel records indicate he entered active duty in the Regular Air Force on 15 Nov 61  

On 1 Feb 63, the applicant was promoted to airman second class (E-3).

On 29 Sep 65, the applicant was furnished an Under Other Than Honorable Conditions discharge.  He was credited with three years, ten months and fifteen days of active service.

On 18 July 18, a request for post service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).  

For more information, see the excerpt of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends granting the application.  Although the applicant did not specify why he was discharged, it is our educated opinion that the applicant was discharged for homosexuality.  A review of his performance reports leading up to his sudden discharge indicated a very knowledgeable, proficient, and well-regarded Airman. Then, suddenly, approximately five months later, was discharged with a UOTHC service characterization.  Additionally, within the applicants record, a Report of Medical Examination, dated 10 Aug 65, indicated the applicant was being examined under Air Force Regulation 35-66, Discharge Processing Where Homosexual Acts or Tendencies are Involved discharge, which was prior to the board hearing on the discharge.  It is our opinion this discharge was based solely on DADT or a similar policy and did not involve any additional aggravating factors. Based on review of the applicant’s request and the master of personnel record, we believe that there is an error or injustice with the discharge processing.  

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 18 Jul 18 for comment (Exhibit D), 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 applicant is requesting his discharge be upgraded to honorable.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was affected at the time of his separation.  However, in light of the repeal of 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 and the recommendation provided by AFPC/DP2STM, the applicant’s discharge meets these requirements.  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 29 September 1965, he was honorably discharged, issued a narrative reason for separation of “Secretarial Authority,” Separation Program Designator (SPD) code of “JFF,” Reentry (RE) Code of 1J – Eligible.”

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-2017-01849 in Executive Session on 2 Oct 18:

, Parker, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2017-01849:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 8 May 18.
Exhibit D:	Letter, AFBCMR to applicant, dated 18 Jul 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.