RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-03488

XXXXXXXXXX					COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His General, Under Honorable Conditions, discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He self-admitted to homosexual or bisexual activity.  Due to the change in the law he requests his character of service be changed to honorable.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

On 21 Mar 86, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for homosexuality.  The reasons for the action include admission of numerous homosexual acts.

On 21 Mar 86, the applicant acknowledged receipt of the action.  On 24 Mar 86, he submitted an Unconditional Waiver and elected to not submit a statement on his behalf.

The discharge action was found legally sufficient (undated letter), and the discharge authority approved the recommendation on 3 Apr 86.  

On 4 Apr 86, the applicant was furnished a general, under honorable conditions discharge.  There were no aggravating factors.

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 “Don’t Ask, Don’t Tell” (DADT).  Service Discharge Review Boards (DRB) should normally grant requests to change the narrative reason for a discharge, to re-characterize the discharge as honorable, and/or requests to change 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.  The change to narrative reason for discharge should be “Secretarial Authority”, with a separation program designator code (SPD) of JFF.  The new reenlistment eligibility (RE) code should be 1J.  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.

THE BOARD CONCLUDES:

1.  The application was not timely filed, but 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 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.  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.  While the Board finds no error in the original discharge process, DADT has been repealed, and there are no aggravating factors.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 4 April 1986, 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-2017-03488 in Executive Session on 13 Aug 18:

, Panel Chair
, Panel Member	
, Panel Member

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

Exhibit A:  Application, DD Form 149, w/atchs, dated 20 Jul 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding AFBCMR Docket Number BC-2017-03488.