RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01257
			COUNSEL: NONE
    			HEARING DESIRED: NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

1. His undesirable discharge be upgraded to honorable.   

2. The narrative reason for discharge be changed to “Convenience 
of the Government.”  

3. His Reentry (RE) code and Separation Program Designator (SPD) 
be changed to show he was honorably discharged.  

________________________________________________________________

APPLICANT CONTENDS THAT:

While serving in Korea, he was questioned by officials 
concerning contraband being flown back to the Continental United 
States (CONUS).  He was discharged for refusing to release the 
names of the people involved.  He was threatened with a court-
martial if he did not disclose the names of the parties involved 
and was discharged with an undesirable discharge for remaining 
loyal.

He has been a good person since his discharge.  He has been a 
good provider for his family and is involved in his community.  
He is now 80 years old and would like to see this changed before 
he dies.  He does not want anything from the government and is 
not requesting any Department of Veterans Affairs (DVA) 
benefits.   His character of discharge has been a burden he has 
been carrying for 60 years.  His family knows nothing of this 
and he worries about how they would feel upon his death if they 
found out.  His ability to serve was impaired by his youth and 
immaturity and the punishment he received was too harsh for the 
offense.  He has served his country and humbly requests that his 
undesirable discharge be changed to honorable. 

He was unaware that the Board was available to request an 
upgrade of his discharge.

In support of his request, the applicant provides copies of his 
DD Form 214, Report of Separation from the Armed Forces of the 
United States, training certificates, United States Coast Guard 
Auxiliary membership certificate and various other documents 
associated with his request.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

On 5 Jun 2013, the applicant provided a copy of a certificate of 
appreciation from the Secretary of Defense for his service in 
the Korean War.  He is in his 80’s and wants his discharge 
upgraded before his death.  He would gladly serve again if he 
were able (Exhibit D).

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STATEMENT OF FACTS:

On 29 Mar 1950, the applicant entered active duty.  

On 5 Aug 1952, his commander recommended him for discharge in 
accordance with AFR 35-66, “Discharge of Homosexuals, paragraph 
5b(1) Homosexual Conduct–Submission of Signed Statement, with an 
Undesirable Discharge.” The specific reason for the discharge 
was the applicant admitted to a history of passive homosexual 
acts with another male partner and signed a statement agreeing 
to accept an Undesirable Discharge for the good of the service 
in lieu of further action under the provisions of AFR 35-66. 

On 25 Aug 1952, the discharge recommendation was approved.

On 3 Oct 1952, the applicant was discharged with an Undesirable 
Discharge.  

He served 2 years, 6 months and 17 days on active duty. 

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends the applicant’s service characterization 
be corrected to reflect honorable, the narrative reason for 
separation be changed to Secretarial Authority and SPD code to 
“JFF.”  Although the applicant provides another reason for his 
discharge, his master personnel records show he was separated 
under the provisions of AFR 35-66, Discharge of Homosexuals, 
paragraph 5b(1)(Homosexual Conduct–Submission of Signed 
Statement, with an Undesirable Discharge.” The applicant 
admitted to a long history of passive homosexual acts with 
another male partner and signed a statement agreeing to accept 
an Undesirable Discharge for the good of the service in lieu of 
further action under the provisions of AFR 35-66.  

On 10 Sep 2011, the Under Secretary of Defense issued guidance 
pertaining to correction of military records requests resulting 
from the repeal of Title 10, Section 654, commonly known as 
“Don’t Ask, Don’t Tell, (DADT).” An excerpt from the 
aforementioned guidance is as follows:  Effective 20 Sep    
2011, Discharge Review Boards (DRB) should normally grant 
requests to change the narrative reason for a discharge to 
Secretarial Authority and SPD code “JFF,” with an honorable 
characterization of service and RE code to 1J which denotes 
“eligible to reenter.”  Although the discharge was properly 
processed, the applicant’s DD Form 214 includes the discharge 
was based solely on DADT or a similar policy and there were no 
other aggravating factors.  Pursuant to the recent Department of 
Defense (DOD) policy guidance and after applying the DRB’s 
reviewing parameters, the applicant’s requests warrant a change 
to his service characterization and narrative reason for 
separation.  

The complete DPSOR evaluation is at Exhibit C.

DPSOA recommends the applicant’s RE code be changed to “1.”  The 
applicant was separated under DADT and RE code 1J applies unless 
there was misconduct present.  However, when the applicant 
separated in 1952, the equivalent RE code was “1” as there were 
no two digit RE codes at the time.  

The complete DPSOA evaluation is at Exhibit E. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 Aug 2013, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within       
30 days.  As of this date, this office has not received a 
response (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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case and agree with the opinions and recommendations of the 
Air Force Offices of Primary Responsibility (OPR) and adopt 
their rationale as the basis for our conclusion that the 
applicant has been the victim of an error or injustice.  
Accordingly, we recommend the 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        
3 October 1952 he was honorably discharged by reason of 
“Secretarial Authority,” with a separation code of “JFF” and a 
reenlistment (RE) code of “1.” 

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01257 in Executive Session on 11 Feb 2014, under 
the provisions of AFI 36-2603:

	 , Panel Chair
         , Member
         , Member
 
All members voted to correct the records as recommended.  The 
following documentary was considered: 

	Exhibit A.  DD Form 149, dated 8 Mar 2013, with atchs.
	Exhibit B.  Applicant’s Master Personnel Records.  
	Exhibit C.  Letter, AFPC/DPSOR, dated 20 May 2013.  
	Exhibit D.  Letter, Applicant, dated 5 Jun 2013, w/atch.
	Exhibit E.  Letter, AFPC/DPSOA, dated 27 Jun 2013.  
	Exhibit F.  Letter, SAF/MRBR, dated 5 Aug 2013, w/atch.  



					
					 
								Panel Chair