AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00154
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had a spotless record for 17 years and had a single act of
indiscretion that should not be held against him for the rest of
his life. He realizes that homosexual members of the military
could not be considered for an honorable discharge until recent
changes in the law.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFR 36-2, Chapter 3, paragraphs 3-7d, g, and i.
The specific reasons for this action were: 1) on diverse
occasions he visited an enlisted member of a security police
squadron at his post and wrongfully put his arm around the
airman’s shoulders or his hand in the airman’s hair while the
airman was on duty, 2)on another occasion, he invited an enlisted
member to his home for dinner and inappropriately exposed himself
in an indecent manner. The applicant’s exhibited an immoral
behavior with two subordinates. The applicant received a general
(UHC) discharge on 27 Mar 92 after serving 16 years, 7 months,
and 27 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, was unable to identify
an arrest record on the basis of information furnished.
On 19 Jul 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, applicant provided
post-service information, which is attached at Exhibit D.
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(DADT), 10 USC 654, was repealed.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 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 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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge processing. Further, we note the
applicant’s contention that his discharge should be upgraded due
to the repeal of the law known as “Don’t ask, Don’t
tell.”However, we do not find the applicant’s assertion
sufficient to conclude he was the victim of an error or
injustice. In this respect, we note that while the repeal of
DADT provides a basis for correcting the record of certain
affected service members, specific criteria must generally be
met: (1) the original discharge must have been based solely on
DADT or a similar policy in place prior to enactment of DADT and
(2) there must be no aggravating factors in the record, such as
misconduct. The circumstances of the applicant’s discharge do
not meet these criteria. The applicant was furnished a general
(under honorable conditions) discharge due to substantiated
misconduct on his part. We have considered the applicant’s
overall quality of service and the documentation pertaining to
the applicant’s post-service activities. Based on the evidence
of record, we cannot conclude that clemency is warranted in this
case. Therefore, we find no basis upon which to favorably
consider this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
2
Panel Chair
Member
Member
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00154 in Executive Session on 21 Aug 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jan 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 19 Jul 12.
Exhibit D. Letter, Applicant, undated.
Panel Chair
3
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DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
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