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AF | BCMR | CY2012 | BC-2012-00510
Original file (BC-2012-00510.pdf) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 
DOCKET NUMBER: BC-2012-00510 
IN THE MATTER OF: 
COUNSEL:  NO 
   
   
HEARING DESIRED:  NOT INDICATED 
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her undesirable discharge be upgraded to honorable based on the 
repeal of Title 10, United States Code (USC), Section 654, more 
commonly known as “Don’t Ask, Don’t Tell.” 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
She was judged not for what she did or did not do in the service, 
but by her life style before she entered the service. 
 
She is a gay woman, but did not make it known while she was in 
the Air Force.  She is 84 years old and would like to go to her 
grave with an honorable discharge.   
 
Now  that  things  have  changed,  she  would  like  to  feel  pride  in 
herself and that she was part of the United States Air Force. 
 
In  support  of  her  request,  the  applicant  provides  a  personal 
statement,  and  copies  of  her  NA  Form  13038,  Certification  of 
Military  Service;  and  NA  Form  13045,  National  Archives  and 
Records Administration – Informal Information Reply. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant’s  master  personnel  records  were  destroyed  in  the 
1973  fire  at  the  National  Personnel  Records  Center  (NPRC).  
Therefore, only a reconstructed record is available for review. 
 
On 29 Aug 55, the applicant enlisted in the Regular Air Force. 
 
On  6  Jul  56,  the  applicant’s  commander  initiated  discharge 
proceedings  under  the  provisions  of  AFR  35-66,  Discharge  of 
Homosexuals.  The discharge was based on information contained in 
the  Report  of  Investigation  -  Office  of  Special  Investigations 
(OSI).  The applicant executed sworn statements advising that she 

considered herself to be a homosexual since she was approximately 
13  years  old,  that  she  had  committed  numerous  homosexual  acts 
with ten or more women prior to her enlistment in the Air Force 
and  participated  in  a  homosexual  act  with  another  active  duty 
airman.  The applicant waived her entitlement to a board hearing 
and requested discharge without the benefit of board proceedings.   
 
On 6 Jul 56, the applicant acknowledged the action her commander 
was  taking  against  her,  and  after  consulting  with  counsel,  the 
applicant waived her rights to a hearing by a board of officers 
and requested discharge without the benefit of board proceedings.  
She stated she understood that if her discharge was approved, her 
separation  from  the  Air  Force  might  be  under  conditions  other 
than  honorable  and  that  she  could  receive  an  undesirable 
discharge. 
 
On  18  Jul  56,  she  was  discharged  under  the  provisions  of  AFR   
35-66, and received a UOTHC discharge. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSOR recommends approval.  DPSOR recommends the applicant’s 
service characterization be corrected to reflect “Honorable,” and 
her  narrative  reason  for  separation  and  separation  code  be 
changed to reflect “Secretarial Authority” and “JFF.” 
 
DPSOR states while the records seem to support the conclusion the 
actions  taken  by  the  Air  Force  complied  with  the  law, 
regulations,  and  applicable  policies;  however,  pursuant  to  the 
recent  DoD  policy  guidance  they  are  of  the  opinion  that  the 
applicant’s request warrants a re-characterization of service and 
a  change  to  the  narrative  description.    Additionally,  the 
investigation  and  discharge  records  viewed  in  conjunction  with 
the regulations in effect at that time, indicates a lack of any 
aggravating factors or other basis for discharge. 
 
DPSOR  points  out  that  while  the  applicant  did  not  request  a 
review  of  her  separation  date,  it  would  appear  the  separation 
document that was re-issued in 1997 listed the wrong separation 
date.    The  file  includes  documents  which  seem  to  indicate  a 
separation date of 18 Jul 56.  If the board decides to grant the 
applicant’s request, they also recommend the separation date be 
corrected. 
 
The complete DPSOR evaluation is at Exhibit C. 
 
AFPC/DPSOA defers their opinion to the OPR for the DD Form 214, 
Certificate  of  Release  or  Discharge  from  Active  Duty,  to 
determine  if  a  reentry  (RE)  code  should  be  added  to  the 

 
 

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applicant’s  form  at  the  time  of  her  discharge.    If  so,  they 
recommend the board direct her RE code to be listed as “1.” 
 
DPSOA  states  the  guidance  for  RE  codes  at  the  time  of  the 
applicant’s discharge shows the equivalent of RE code 1J was “1;” 
there were no two digit RE codes at that time.  
 
The complete DPSOA evaluation is at Exhibit D. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
On 11 Oct 12, copies of the Air Force evaluations were forwarded 
to the applicant for review and comment within 30 days.  To date, 
a response has not been received (Exhibit E). 
 
_________________________________________________________________ 
 
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.    The  applicant’s 
complete official military record is not available as it appears 
to  have  been  a  part  of  the  records  destroyed  in  a  fire  at  the 
National Personnel Records Center in 1973.  Nevertheless, we have 
been  able  to  determine  some  of  the  circumstances  of  the 
applicant’s  discharge  from  the  Air  Force  based  on  limited 
reconstructed  records.    Based  on  a  review  of  those  records,  it 
appears the applicant was discharged for homosexual conduct and 
that the actions taken to effect the discharge were proper and in 
accordance  with  applicable  policy  and  statute  in  effect  at  the 
time.    However,  the  applicant  is  appealing  for  relief  based  on 
the repeal of Title 10, U.S.C., Section 654, more commonly known 
as “Don’t Ask, Don’t Tell.”  Based on the repeal of “Don’t Ask, 
Don’t Tell, the Department of Defense issued policy guidance that 
Service Discharge Review Boards should normally grant requests to 
change the narrative reason for discharge (the change should be 
to  “Secretarial  Authority”),  requests  to  re-characterize  the 
discharge  to  honorable,  and/or  requests  to  change  the  reentry 
code to an immediately-eligible-to-reenter category 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.    Although  each  request  must  be 
evaluated on a case-by-case basis, the award of an honorable or 

 

 
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general (under honorable conditions) discharge should normally be 
considered  to  indicate  the  absence  of  aggravating  factors.    In 
view the above, and finding no aggravating factors or other basis 
for discharge, we find it would be in the interest of justice to 
change the applicant’s service characterization to honorable and 
her  narrative  reason  for  separation  to  “Secretarial  Authority,” 
and her RE code to “1.”  Accordingly, in the interest of justice, 
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 show that on 18 Jul 56, 
she  was  honorably  discharged  by  reason  of  “Secretarial 
Authority,”  with  a  separation  code  of  “JFF”  and  a  reenlistment 
eligibility (RE) code of “1.” 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00510 in Executive Session on 29 Nov 12, under the 
provisions of AFI 36-2603: 
 
Panel Chair 
Member 
Member 

 
All  members  voted  to  correct  the  records,  as  recommended.    The 
following documentary evidence was considered: 
 
     Exhibit A.  DD Form 149, dated 19 Apr 12, w/atchs. 
     Exhibit B.  Applicant’s Available Master Personnel Records. 
     Exhibit C.  Letter, AFPC/DPSOR, dated 9 Aug 12. 
     Exhibit D.  Letter, AFPC/DPSOA, dated 14 Sep 12. 
     Exhibit E.  Letter, SAF/MRBR, dated 11 Oct 12. 
 
 
 
                                    
                                   Panel Chair 

 
 
 

 
 

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