RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2011-03512
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be changed to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The laws have changed regarding homosexuality, and he believes
that he should receive the same consideration as the military
personnel receive today.
He was forced to admit that he was homosexual when the base
commander went on a witch hunt to improve his status. He was
sexually molested by two Air Force officers and one non-
commissioned officer (NCO). He feels that because he was young
and naïve that he was taken advantage of. He suffers from post-
traumatic stress disorder (PTSD) because of the abuse and also
suffers from depression. This has not allowed him to stay
employed or to socialize and cannot maintain a quality of life.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 4 Nov 82.
In a 24 May 84 statement to the Office of Special Investigations
(OSI), the applicant revealed his homosexual preferences. While
there were no witnesses to any actual homosexual conduct, in the
same letter it indicated that another airman had seen the
applicant in front of the Circle K store engaged in what was
referred to as homosexual activity.
On 29 Jul 84, the applicant was notified by his squadron
commander that he was recommending his discharge from the Air
Force for homosexuality. The basis for the proposed action was
the applicants voluntary statement that revealed his homosexual
preferences. He acknowledged receipt of the discharge
notification and offered a conditional waiver of his rights
associated with an administrative discharge board hearing
contingent on his receipt of no less than an honorable discharge.
The discharge authority rejected the applicants waiver for a
board and directed he be discharged with a general discharge.
The staff judge advocate found the case legally sufficient to
support the basis for discharge and concurred with a general
service characterization. He received a general discharge on 14
Aug 84, after serving 1 year, 9 months, and 5 days on active
duty.
On 20 Sep 11, the law commonly known as Dont Ask, Dont Tell
(DADT), 10 USC 654, was repealed. The Department of Defense
subsequently issued guidance indicating that Service Discharge
Review Boards (DRB) should normally grant requests to change the
narrative reason for a discharge, requests to re-characterize the
discharge to honorable, and/or requests to change the reentry
code when both of the following conditions were 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.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 29 Nov 11, a copy of the FBI report
and a request for information pertaining to his post-service
activities were forwarded to the applicant for review and comment
within 30 days. As of this date, no response has been received
by this office.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. In light of the
repeal of DADT and the applicant's record of performance, it
would be appropriate to change the narrative reason to
"Secretarial Authority." In a memorandum, dated 20 September
2001, the Under Secretary of Defense published guidance that
Service Discharge Review Boards should normally grant requests to
change the narrative reason for discharge (the change should be
to "Secretarial Authority") 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.
Based on our review of the evidence of record, the applicant's
discharge meets these requirements. Therefore, we recommend the
applicant's record be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 14 August
1984, he was honorably discharged with a narrative reason for
separation of Secretarial Authority rather than Admitted
Homosexual or Bisexual, and a separation code of KFF rather
than GRB.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03512 in Executive Session on 5 Apr 12, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jun 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 29 Nov 11.
Chair
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