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AF | BCMR | CY2012 | BC-2012-00154
Original file (BC-2012-00154.pdf) Auto-classification: Denied
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 

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 

 
 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

 

 

 

 
 

 



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