RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-00724
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge is unjust because the law changed. He was 18 years
old at the time of his discharge. He was not aware of the law
and was accused of one incident of indecency. He joined the Air
Force to serve his country during the Korean War. He was married
for 55 years, has three sons, is now 79 years old, and wishes to
have his discharge changed in the name of justice.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 6 Oct 50. The
applicants commander recommended him for discharge under AFR 35-
66 for homosexual conduct. He received an undesirable discharge
effective 27 Nov 51 after serving 1 year, 1 month, and 18 days on
active duty.
On 20 Sep 11, the law commonly known as Dont Ask, Dont 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(DADT), 10 USC 654, was repealed.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 remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends changing the applicants Reenlistment
Eligibility (RE) code to 1 (An applicant is eligible for
immediate reenlistment (within 24 hours after separation), if his
RE code is required to be listed. They do have the applicants
DD Form 214, Report of Separation from the Armed Forces of the
United States, to review to see if an RE code is listed.
The complete DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He asks the Board to consider the recommendation provided by the
Air Force of primary responsibility and provides a copy of his
DD Form 214 for review.
The applicants complete submission, with attachments, is at
Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. In light of the
repeal of Don't Ask, Don't Tell (DADT) and in accordance with the
Under Secretary of Defense (Personnel and Readiness) guidance
memorandum, Correction of Military records Following Repeal of
Section 654 of Title 10, United States Code, dated 20 September
2011, Discharge review Boards should normally grant requests to
re-characterize a 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, we recommend upgrading the applicants
discharge to honorable since there were no aggravating factors.
We took note of AFPC/DPSOAs recommendation to change the RE code
if applicable; however, we note the applicants DD Form 214 does
not list an RE code and therefore no change is necessary.
Therefore, we recommend the applicant's record 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 27 November
1951 he was honorably discharged and furnished an Honorable
Discharge certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00724 in Executive Session on 26 Mar 13, 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 15 Feb 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 6 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.
Exhibit E. Letter, Applicant, dated 20 Dec 12, w/atchs.
Panel Chair
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