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AF | BCMR | CY2011 | BC-2011-03512
Original file (BC-2011-03512.txt) Auto-classification: Approved
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 applicant’s 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 applicant’s 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 “Don’t Ask, Don’t 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 Board’s 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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