RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04845 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her undesirable discharge be upgraded to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The most current policy set forth by the Department of Defense 
(DoD) has recognized the valued service of all people regardless 
of their sexual orientation. 

 

When she entered the military her desire was to honorably and 
faithfully serve her country. However, the policy that was in 
place during that time frame prevented her from continuing her 
service. 

 

It is her sincere desire that her military records truly reflect 

that her service to this country was honorable. 

 

In support of his request, the applicant provides a personal 
statement. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 24 Jan 1951, the applicant was discharged under the 
provisions of AFR 35-66, Discharge of Homosexuals, with an 
undesirable discharge. 

 

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records are contained in 
the letter prepared by the appropriate office of the Air Force 
at Exhibit C. 

 

________________________________________________________________ 

 


 

AIR FORCE EVALUATION: 

 

HQ AFPC/JA recommends approval of the applicant's request to 
change her character of service to Honorable. JA states in part 
that AFR 35-66 provided that "[t]rue, confirmed or habitual 
homosexuals, irrespective of sex, will not be permitted to serve 
in the Air Force in any capacity and prompt separation of known 
homosexuals from the Air Force is mandatory." Paragraph 2b of 
this regulation classifies homosexuals into three categories. 
Class II, pertinent to the applicant’s case, includes "those 
cases wherein true, confirmed, or habitual homosexuals have 
engaged in one or more homosexual acts, or where evidence 
supports proposal or attempt to perform an act of homosexuality 
and which does not fall into the category of Class I [cases 
accompanied by assault or coercion]." 

 

Under the above mentioned regulation, enlisted personnel facing 
Class II allegations had the option to accept an undesirable 
discharge or to have their case tried by general courtmartial. 
The cases were then referred to the Personnel Board which could: 
(1) accept the signed statement under the recommended 
conditions; (2) initiate action with a view to trial by general 
court-martial; or (3) change the classification to Class III, 
and direct disposition in accordance with the terms of AFR 35-
66. The Personnel Board accepted the applicant's statement and 
she was subsequently discharged from the service. 

 

Although the record is scant, the available documents appear to 
indicate that the regulations in effect at that time were 
appropriately followed and the existing evidence supported the 
actions taken. Notwithstanding the preceding statement, DoD 
policy guidance issued immediately after the repeal of 10 U.S.C. 
§654, justifies a reconsideration of those actions. 

 

Thus, while the records seem to support the conclusion that the 
actions taken by the Air Force over 60 years ago complied with 
the law, regulations and applicable policy, pursuant to the 
recent DoD policy guidance and after applying the Discharge 
Review Board’s reviewing parameters, JA is of the opinion that 
the applicant's request warrants a re-characterization of 
service. The recommendations to the Personnel Board from the 
applicant's chain of command support the conclusion that this 
was a discharge based solely on DADT, or similar policy. Those 
recommendations also support a finding that the case was devoid 
of any aggravating factors. 

 

The complete JA evaluation is at Exhibit C. 

 

________________________________________________________________ 

 


 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

On 29 Feb 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. As of 
this date, no response has been received by this office (Exhibit 
C). 

 

________________________________________________________________ 

 

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. After a review of 
the applicant’s records, we have surmised she was discharged for 
homosexual conduct. Based on the presumption of regularity in 
the conduct of government affairs, and in the absence of 
evidence to the contrary, we must assume that the actions taken 
to effect the applicant’s discharge were proper and in 
accordance with applicable policy and statute in effect at that 
time. Based on the repeal of DADT, the Department of Defense 
issued policy guidance that Service 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 her records 
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 reflect that on 
24 Jan 1951 she was honorably discharged and furnished an 
Honorable Discharge certificate. 

 

________________________________________________________________ 

 


 

The following members of the Board considered this application 
in Executive Session on 25 Sep 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 pertaining to BC-2011-04845 was 
considered: 

 

 Exhibit A. DD Form 149, dated 30 Nov 2011, w/atch. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/JA, dated 24 Feb 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 29 Feb 2012. 

 

 

 

 

 

 Panel Chair