RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02672

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to a General or Honorable discharge.

APPLICANT CONTENDS THAT:

He was discharged for homosexual acts or tendencies; however, homosexuality is no longer against the law.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman second class.

On 31 Aug 67, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for homosexual acts or tendencies.  The reasons for the action include multiple acts of homosexuality.

On 31 Aug 67, the applicant acknowledged receipt of the action and elected to not submit a statement on his behalf.

On 18 Sep 67, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 3 Oct 67.  

On 11 Oct 67, the applicant was furnished an UOTHC discharge.

A request for post-service information was forwarded to the applicant on 15 Oct 17 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends granting the application.  

The applicant’s discharge was processed according to applicable regulations; however, it was based solely on “don’t ask don’t tell” (DADT), or a similar policy, and did not involve other aggravating factors.  Due to the repeal of DADT, and the absence of aggravating factors, recommend the character of service reflect honorable, the separation code (SDN/SPD) reflect “JFF”, and the narrative reason for separation reflect “Secretarial Authority.”  The commander’s decision to impose non-judicial punishment was based on the evidence of the case, and was within the limits of his authority and discretion.  The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Mar 18 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES:

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 general or honorable based on the repeal of Don’t Ask, Don’t Tell (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 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 11 October 1967, 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,” and furnished an Honorable Discharge certificate.

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-2017-02672 in Executive Session on 5 Jun 18:

, Panel Chair
, Member
, Member

All members voted to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-02672:

Exhibit A:  Application, DD Form 149, w/atchs, dated 19 Apr 19.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 15 Oct 17.
Exhibit D:  Advisory opinion, AFPC/DP2STM, dated 5 Feb 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 12 Mar 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.