RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04578 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
an honorable discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge is in error or unjust because his discharge was 
based on his status as a bisexual person only and the rights of 
Gays has now been confirmed in law. He served with honor; 
therefore, with the appeal of the Don’t Ask, Don’t Tell (DADT) 
policy (Title 10, United States Code (USC), Section 654) his 
service characterization should be changed to honorable. 

 

In support of his appeal, the applicant provides copies of his 
discharge documents. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 31 January 1944 through 29 May 1957. 
The only records available are the applicant’s DD Form 214, Armed 
Forces of the United States Report of Transfer or Discharge, and 
prior discharge certificates. There is no discharge file or 
report of investigation. Apparently, the applicant’s records 
were burnt in the Fire at the National Personnel Records Center 
and attempts to locate an auxiliary file have been unsuccessful. 
However, the limited facts and available records indicate the 
applicant was most likely classified as a “Class II Homosexual” 
and was referred to a board of officers. This is based on his DD 
Form 214, dated 29 May 1957, and the stated reason and authority 
for his discharge: Separation Designation Number 253, Convenience 
of the Government; and, Air Force Regulation (AFR) 35-66, Discharge for Homosexual Acts or Tendencies. 

 

The applicant was discharged effective 29 May 1957 in the grade 
of master sergeant after serving 12 years, 10 months, and 16 days 
on active duty. 


 

On 20 September 2011, 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Tell” (DADT), 10 USC 654 was repealed.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. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/JA recommends approval. JA states that although the 
applicant’s record is meager, the available documents appear to 
indicate that the regulations in effect at the time were 
appropriately followed and the existing evidence supported the 
actions taken. Notwithstanding the preceding statement, 
Department of Defense (DoD) policy guidance issued immediately 
after the repeal of Title 10, USC, Section 654, justifies a 
reconsideration of those actions. This DoD policy guidance 
addresses the correction of military records following the repeal 
of Title 10, USC, Section 654, setting forth supplemental 
guidance for the Service’s Discharge Review Board (DRB) and the 
Board of Corrections of Military/Naval Records (BCM/NR) to manage 
an expected large number of applications arising from the repeal. 
Additionally, it provides that DRBs should normally grant 
requests to re-characterize discharges to honorable when both of 
the following conditions are met: (1) the original discharge was 
based solely on DADT or similar policy in place prior to 
enactment of DADT; and, (2) there were no aggravating factors in 
the record such as misconduct. Although, this specific guidance 
seems to be directed only to the DRBs, there is nothing 
precluding the BCMRs from adopting the above parameters in their 
review when exercising their recognized broader scope of 
authority and discretion. 

 

JA indicates that while the applicant’s records seem to support 
the conclusion that the actions taken by the Air Force over 55 
years ago complied with the law, regulations, and applicable 
policy, pursuant to the recent DoD policy guidance and after 
applying the DRBs reviewing parameters, they are of the opinion 
that the applicant’s request warrants a re-characterization of 
service; however, they recommend any relief afforded to the 
applicant be limited to that action. 

 

A complete copy of the JA evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 


 

A copy of the Air Force evaluation was forwarded to the applicant 
on 22 March 2012, for review and comment within 30 days. As of 
this date, this office has received no response. 

 

_________________________________________________________________ 

 

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. In light of 
the repeal of Don’t Ask, Don’t Tell (DADT) and in accordance with 
the Under Secretary of Defense (Personnel and Readiness) guidance 
memorandum, Correction of Military Records Following Repeal of 
Section 654 of Title 10, United States Code, dated 20 September 
2011, Discharge Review Boards should normally grant requests to 
re-characterize the discharge to honorable 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 29 May 1957, 
he was honorably discharged and furnished an Honorable Discharge 
certificate. 

 

_________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 17 July 2012, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2011-
04578 was considered: 

 


 Exhibit A. DD Form 149, dated 1 Nov 11, w/atchs. 

 Exhibit B. Letter, AFPC/JA, dated 16 Mar 12. 

 Exhibit C. Letter, SAF/MRBC, dated 22 Mar 12. 

 

 

 

 

Panel Chair