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
2
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
3
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
4
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