RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02279
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her General Discharge be upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. Through counsel, she argues that since Dont Ask, Dont Tell
(DADT) has been repealed, her characterization of service should
be changed to honorable.
2. The discharge was inappropriate; there was no credible
evidence to support the charge of homosexuality against her at
the time of her separation. The decision for separation was
based solely on the applicants association with a loose ring
of confirmed homosexuals.
The applicants complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted
in the Regular Air Force on 19 Jul 49 for a period of three
years as a Private.
On 24 Oct 50, the applicants commander requested that an
ongoing investigation continue in an effort to further
substantiate a case against the applicant and ensure her
separation from the service.
On 13 Nov 50, the applicant was furnished a General discharge
for Unsuitability under the provisions of Air Force Regulation
35-66, Discharge of Homosexuals, and was credited with 1 year, 3
months, and 24 days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force which are at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends approval, indicating the applicants
service characterization should be corrected to reflect
Honorable and the narrative reason for separation be changed
to Secretarial Authority. In addition, the SPD code should
also be changed to JFF. On 20 Sep 11, the law commonly known
as Dont Ask, Dont Tell, 10 U.S.C. § 654, was repealed.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. Although the discharge was
processed according to the applicable regulation, the
applicants record indicates the discharge was based solely on
DADT or a similar policy and did not involve aggravating
factors. Accordingly, the applicants narrative reason for
separation should be changed to Secretarial Authority, and her
SPD code should be changed to JFF.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
AFPC/JA recommends approval of applicants characterization of
service being upgraded to Honorable because it was based solely
on DADT, or a similar policy in place prior to enactment of
DADT, and the records available for review do not indicate any
aggravating factors. There was no evidence of any homosexual
conduct, or any attempts, or proposals to engage in homosexual
acts.
A complete copy of the AFPC/JA evaluation is at Exhibit D.
AFPC/DPSOA recommends the applicants RE code be listed as 1
if it is determined a RE code should have been listed in her
records. There is no RE code found or no known knowledge that
one should be found on the applicants DD Form 214, Report of
Separation from the Armed Forces of The United States.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 Aug 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
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. In light of the
repeal of Dont Ask, Dont Tell (DADT), we believe it would be
appropriate to change the applicants reason and authority for
separation to Secretarial Authority and correct her character
of separation to Honorable. In accordance with 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
change the narrative reason for a discharge (the change should
be to Secretarial Authority (SPD code JFF)), re-characterize
the discharge to honorable, and/or change the RE code to an
immediately-eligible-to-reenter category (the new RE code should
be RE code 1J) 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. We
note that at the time of the applicants discharge, RE codes
were not annotated on DD Forms 214. Therefore, we are not
convinced that is necessary to correct the applicants record to
reflect an immediately-eligible-to-reenter RE code in accordance
with the guidance noted above. Therefore, in view of the above,
we recommend the applicants records be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
13 Nov 50, she was honorably discharged with a narrative reason
for separation of Secretarial Authority, And furnished an
honorable discharge certificate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02279 in Executive Session on 28 Feb 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 14 May 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 10 Jul 12.
Exhibit D. Letter, AFPC/JA, dated 31 Jul 12.
Exhibit E. Letter, AFPC/DPSOA, dated 28 Aug 12.
Exhibit F. Letter, SAF/MRBR, dated 30 Aug 12
Panel Chair
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