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AF | BCMR | CY2011 | BC-2011-03753
Original file (BC-2011-03753.txt) Auto-classification: Approved
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 “Don’t Ask Don’t 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 applicant’s 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 applicant’s commander notified him that he was 
recommending his discharge from the Air Force for homosexuality. 
The specific reason for the discharge action was the applicant’s 
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 
commander’s 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 
“Don’t Ask, Don’t 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 Board’s 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 Don’t Ask, Don’t Tell (DADT) and the applicant’s 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 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 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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