RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04409 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he was given a disability 
discharge instead of a General (Under Honorable Conditions) 
discharge for homosexual acts. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The laws regarding homosexuality have changed. At 81 he wants 
to change the General discharge and the reason for it to 
Honorable to reflect his service. 

 

During the Air Force Office of Special Investigation (AFOSI) 
questioning he was humiliated. While waiting to be returned to 
the USA, he was with criminals and almost raped. Coming from a 
small town he was embarrassed and humiliated when his family 
learned of his general discharge and the reason for it. This 
caused him severe mental anguish. 

 

In support of his request, the applicant provides an expanded 
statement and a copy of his DD Form 214, Report of Separation 
from the Armed Forces of the United States. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 23 Jan 52, the applicant entered the Regular Air Force. 

 

On 13 Mar 54, the applicant stated he believed himself to be a 
homosexual in a sworn statement to the AFOSI. 

 

On 12 Apr 54, the applicant made a similar statement during a 
Neuropsychiatric exam. 

 

On 7 Jun 54, the applicant’s commander initiated discharge 
action to determine whether the applicant should be discharged 


pursuant to AFR 35-66, Discharge of Homosexuals, as a Class III 
homosexual (possesses homosexual tendencies). 

 

On 9 Jun 54, the applicant waived his entitlement to appear 
before a board and requested discharge. 

 

On 29 Jul 54, the Secretary of the Air Force Personnel Council 
directed discharge with a General discharge certificate pursuant 
to AFR 35-66. 

 

On 23 Sep 54, the applicant was furnished a general (under 
honorable conditions) discharge and credited with two years, 
eight months, and one day of total active service. 

 

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(DADT)”, 10 USC 654, was repealed.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 (RE) 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. 

 

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
responsibility, which are included at Exhibits C and D. 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends approval, indicating the applicant’s 
discharge took place prior to the enactment of DADT and a review 
of his records does not indicate aggravating factors (i.e., an 
additional basis for discharge for misconduct or performance 
related issues). Therefore, the applicant’s narrative reason 
for separation should be changed to “Secretarial Authority,” 
separation program designator (SPD) code should be changed to 
“JFF,” and his character of service should be upgraded to 
“Honorable”. 

 

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. 

 

AFPC/DPSOA recommends the applicant’s RE code be changed to “1.” 

 

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. 

 

AFPC/JA recommends the applicant’s discharge be re-
characterized; however, because it appears that the actions 
taken to effect the separation were in accordance with the law 
and governing regulations of the time, they recommend any relief 
afforded be limited to that action. 


A complete copy of the AFPC/JA evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 27 Apr 12 for review and comment within 30 days 
(Exhibit F). The applicant provided an expanded statement 
indicating he would like a decision as soon as possible because 
he is 82 and not well. He also reiterates some earlier 
statements and expresses the hope that the discharge be changed 
to help with unnecessary feelings of guilt and shame. 

 

________________________________________________________________ 

 

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 injustice with respect 
to the applicant’s request for a disability discharge. While 
the applicant contends that he should be given a disability 
discharge due to the humiliation he experienced in the aftermath 
of an Air Force Office of Special Investigation (AFOSI) 
investigation, other than his own uncorroborated assertions, he 
has presented no evidence whatsoever for us to consider in 
evaluating his request. Therefore, we find no basis to 
recommend granting the applicant’s request for a disability 
discharge. Notwithstanding the above, sufficient relevant 
evidence has been presented to demonstrate the existence of an 
error or injustice with respect to his general (under honorable 
conditions) discharge under AFR 35-66, Discharge of Homosexuals. 
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 
23 Sep 1954, 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-2011-04409 in Executive Session on 28 Aug 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 8 Nov 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 5 Mar 12. 

 Exhibit D. Letter, AFPC/DPSOA, dated 5 Apr 12. 

 Exhibit E. Letter, AFPC/JA, dated 18 Apr 12. 

 Exhibit F. Letter, SAF/MRBR, dated 27 Apr 12. 

 Exhibit G. Letter, Applicant, dated 2 May 12. 

 Exhibit H. Letter, Applicant, dated 22 Jun 12. 

 

 

 

 

 

 

 Panel Chair