RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03753
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was forced to make an admission under duress. In light of the
repeal of Dont Ask Dont Tell (DADT), his general discharge
should be upgraded to honorable in order to receive medical
benefits.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and an expanded statement.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 Jan 83, the applicant contracted his enlistment in the
Regular Air Force and served as an Aerospace Control and Warning
System Operator.
On 14 Sep 83, the applicants commander notified him that he was
recommending his discharge from the Air Force for homosexuality.
The specific reason for the discharge action was the applicants
admission of engaging in 5-10 bisexual relationships prior to
entering active service and engaging in two homosexual
relationships since entering active service.
His commander advised him of his rights in this matter. On
14 Sep 83, after consulting with legal counsel, he acknowledged
receipt of the action and waived his right to a hearing before an
administrative discharge board, instead electing to submit a
statement in his own behalf.
On 15 Sep 83, the legal office reviewed the case and found it
legally sufficient and the discharge authority concurred with the
commanders recommendation on 19 Sep 83.
On 21 Sep 83, the applicant was furnished a general (under
honorable conditions) discharge for admitting to engaging in
homosexual or bisexual relationships. He was credited with
8 months and 12 days of active service.
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
Dont Ask, Dont Tell (DADT). In a memorandum, dated 20 Sep 11,
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), requests to re-characterize the
discharge to honorable, and/or request a change to 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. Although each request must be
evaluated on a case-by-case basis, the award of an honorable or
general (under honorable conditions) discharge should normally be
considered to indicate the absence of aggravating factors.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated that on the basis of the data furnished,
they were unable to locate an arrest record.
_________________________________________________________________
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 error or injustice warranting
relief. The applicant is requesting his discharge be upgraded to
honorable based on the repeal of 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 effected
at the time of his separation. However, in light of the repeal
of Dont Ask, Dont Tell (DADT) and the applicants 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, the applicants discharge
meets these requirements. Therefore, we recommend the
applicants record 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
21 September 1983, he was discharged with service characterized as
honorable, with a narrative reason for separation of Secretarial
Authority.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03753 in Executive Session on 13 Mar 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Sep 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, Under Secretary of Defense (USD),
dated 20 Sep 11.
Panel Chair
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