RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02824 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NOT INDICATED MANDATORY CASE COMPLETION DATE: 20 MARCH 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: a. His under other than honorable conditions (undesirable) discharge be upgraded. b. His records be corrected to reflect his name as XXXXXXXXXX. ___________________________________________________________________ APPLICANT CONTENDS THAT: He would like his discharge upgraded to be able to receive Veterans Affairs (VA) benefits. He underwent a transgender operation and would like his name changed on the DD Form 214. In support of his appeal, applicant submitted a statement. Applicant’s complete submission, with an attachment, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force (RegAF) on 14 August 1961 in the grade of airman basic (E-1) for a period of four years. On 26 February 1963, the applicant’s commander notified him that he was recommending him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 35-66, Discharge of Homosexuals. The specific reason for the discharge action was: Based on the information obtained in the Office of Special Investigation (OSI) report determined the applicant to be a Class II homosexual. The report indicated the applicant was a willing participant in an act of homosexuality and that his ability to perform military service had been compromised. The commander advised applicant that military counsel had been obtained to assist him; present his case to an administrative discharge board; be represented by legal counsel at a board hearing; submit statements in his own behalf in addition to, or in lieu of, the board hearing; or waive the above rights after consulting with counsel. The applicant acknowledged receipt of the notification of discharge and after consulting with counsel waived his right to a hearing before a board of officers and to submit statements in his own behalf. On 21 March 1963, the discharge authority approved the separation and directed that the applicant be discharged with an under other than honorable conditions (undesirable) discharge. Applicant was separated from the Air Force on 22 March 1963 under the provisions of Air Force Regulation (AFR) 39-17, Discharge of Airmen Because of Unfitness (homosexual), with an under other than honorable conditions (undesirable) discharge. He served one year, seven months and nine days of active duty service. On 23 December 1975, the applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his under other than honorable conditions (undesirable) discharge upgraded. The AFDRB upgraded his under other than honorable conditions (undesirable) discharge to under honorable conditions (general) on 25 May 1976. On 13 October 2006, AFPC/DPSO informed the applicant that his request to have his name changed to XXXXXXXX, could not be accomplished. A review of his service records showed he enlisted, served and was discharged under the name of XXXXXX. They further stated since the applicant’s name change occurred after his separation his records properly reflect his name relative to his period of service. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial of the request to change the applicant’s name based on the fact when the applicant enlisted, served and was discharged from the Air Force his name was XXXXXX. They further stated that under current Department of Defense (DOD) and Air Force guidelines, the applicant would have received a discharge characterization of honorable since there was no indication he attempted, solicited, or committed a homosexual act by using force, coercion, or intimidation. They further recommend if the Board determines the applicant is requesting an upgrade of his discharge, then his records should be corrected to upgrade his discharge to honorable. AFPC/DPPRS complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 November 2006 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. The applicant’s decision to change his name and gender was a personal decision that was made subsequent to his military service. The correct name and gender during his enlistment period and discharge are reflected in his military records. 4. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice to warrant partial relief. Under current Department of Defense and Air Force guidelines, the applicant would have received an honorable or general discharge since his records do not indicate he attempted, solicited, or committed a homosexual act by using force, coercion, or intimidation. Therefore, in view of the above, we recommend his discharge be upgraded to honorable. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 22 March 1963, he was discharged with service characterized as honorable. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2006-02824 in Executive Session on 24 January 2007, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Jul 06, w/atch. Exhibit B. Master Personnel Records. Exhibit C. Letter, AFPC/DPPRS, dated 24 Oct 06, w/atch. Exhibit D. Letter, SAF/MRBR, dated 3 Nov 06. Panel Chair 2