RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03302
	XXXXXXXXXXXXXXX	COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

1.  His undesirable discharge be upgraded to honorable.

2.  He be awarded the Good Conduct Medal (GCM).

3.  His reason for separation (Homosexual Conduct) be changed 
based on new law and policies under “Don’t Ask Don’t Tell 
(DADT).”  

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APPLICANT CONTENDS THAT:

His pre-service and in-service statements denying homosexuality 
and in-service negative physical findings were improperly 
disregarded; and, though he was accused, there was no 
corroboration of this, which resulted in serious procedural 
inequities and an undesirable discharge.

His records were destroyed by fire which has unfairly hampered 
his ability to correct these inequities; however, his remaining 
record reflects factual contradictions; superior test results, 
devotion to duty and high endorsements as to his character and 
performance.  

In support of his appeal, the applicant provides several 
personal statements; copies of his Certificate of Military 
Service, dated 21 Oct 53; DD Form 214, Report of Separation from 
the Armed Forces of the United States, issued in conjunction 
with his 21 Oct 53 separation; several letters of support from 
friends and associates; extracts from his Military Personnel 
Record (MPR); extensive post-service documentation and various 
other documents.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 Sep 52 for 
a period of four years.  

On 3 Jun 53, the applicant was convicted by a Summary Court-
Martial for being Absent Without Leave (AWOL).  For this offense 
he was sentenced to confinement at hard labor for 30 days and 
forfeiture of $25.00.

On 21 Oct 53, the applicant was discharged under the provisions 
of AFR 35-66, by reason of homosexual conduct, with service 
characterized as undesirable.  He was credited with 11 months 
and 11 days of active duty service, including 63 days of lost 
time for being AWOL and confinement.  

The GCM is awarded to enlisted members who have honorably 
completed three continuous years of active military service 
subsequent to 26 August 1940, and who are recommended by their 
commanding officers for exemplary behavior, efficiency, and 
fidelity.  This medal is only awarded to airmen prior to the 
establishment of the Air Force Good Conduct Medal on 1 Jun 63.  
In accordance with Executive Order 8809, amended by Executive 
Order 9323, the Air Force Good Conduct Medal may also be awarded 
to service members who complete more than one year but less than 
three years of active federal military service if the GCM has 
not been previously awarded.

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends approval to change the applicant’s 
narrative reason for separation to "Secretarial Authority," SPD 
code changed to "JFF" and that his character of service should 
remain the same.  

DPSOR states that the discharge record reflects the applicant 
was involved in Homosexual Acts or Tendencies at the time of his 
discharge.  On or about Jun 53, the applicant was adjudged, 
approved and confined at hard labor for thirty days.  The 
applicant conduct created a rebuttable presumption that he 
engaged in, had a propensity to engage in, or intended to engage 
in homosexual acts.

DPSOR found that there was insufficient evidence contained 
within the applicant's military record to confirm the 
circumstances and facts surrounding his discharge.  Absent the 
documentation, there is a presumption of regularity in which the 
applicant was afforded due process and the discharge was 
consistent with procedural and substantive requirements of the 
discharge regulation.

On 10 Sep 11, 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 
DADT:

      Effective 20 Sep 11, Service Discharge Review Boards (DRBs) 
should normally grant requests to change the narrative reason 
for a discharge (the change should be "Secretarial Authority" 
(separation code JFF)), requests to re-characterize the 
discharge to honorable, and/or requests to change the Reentry 
(RE) code to an immediately-eligible-to-renter category (the new 
RE code should be lJ) when both of the following conditions are 
met: (1) the original discharge was based upon 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 general discharge should normally be 
considered to indicate the absence of aggravating factors.

The applicant’s discharge was prior to the enactment of DADT and 
a review of his records does indicate aggravating factors, i.e., 
an additional basis for discharge for misconduct or performance 
related issues.  Although the discharge was properly processed 
according to the applicable regulation, the applicant’s 
discharge record indicates his discharge was not based solely on 
DADT and did involve aggravating factors.  

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPSID recommends denial of the GCM, stating, in part, due 
to the applicant's 63 days' time lost, the applicant did not 
meet the standards creditable towards award of the Good Conduct 
Medal. In accordance with the award criteria the applicant did 
not complete more than one year but less than three or a total 
of three years honorable service; therefore, rendering him 
ineligible for award of the Good Conduct Medal.  To grant relief 
would be contrary to the criteria established by DoDM 1348.33, 
the Secretary of the Air Force, Chief of Staff, and/or the War 
Department.  

After a thorough review of the applicant's official military 
personnel record, they were unable to verify award of the GCM.  
Although, the applicant's active duty service dates as annotated 
on his DD Form 214 are from 8 Sep 52 to 21 Oct 53, he is only 
credited with 11 months and 11 days of total active duty 
service.  Section 38 Remarks states: 63 days’ time lost.  These 
days lost appear to be due to the applicant being AWOL for 28 
days, from l May - 28 May 53, and then subsequently receiving 
confinement for 35 days, from 29 May 53 to 2 Jul 53; rendering 
the applicant ineligible for award of the GCM.  

The complete DPSID evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant notes that there were many extenuating 
circumstances in his case, but ironically, the records in his 
favor disappeared in a "fire," while his complete medical 
records, including the altered ones, remain perfectly intact, 
readable, and definitive.  

In further support of his appeal, he provides a copy of 
certificate for the American Legion and a letter of aircrew 
training (not totally readable).

The applicant’s complete response, with attachments, is at 
Exhibit E.

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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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we find no evidence of an error or 
injustice to warrant upgrading his discharge to honorable or to 
award the GCM.  Therefore we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt the rationale expressed as the basis 
for our conclusion the applicant has not been the victim of an 
error or injustice.  We note the applicant states he was 
discharged for being a homosexual and is requesting relief under 
the DADT policy.  However, in a memorandum, dated 20 Sep 11, the 
Under Secretary of Defense published guidance that states the 
Service Discharge Review Boards should normally grant requests 
to re-characterize the 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.  We considered upgrading the 
applicant’s discharge based on the repeal of DADT; however, the 
evidence reflects that the applicant was convicted by a Summary 
Court-martial for being AWOL.  His punishment consisted of 
confinement at hard labor for 30 days and forfeiture of $25.00.  
In view of this we find no basis to recommend granting the 
applicant’s request to upgrade his discharge to honorable or to 
award the GCM.  In the interest of justice, we also considered 
upgrading the discharge based on clemency; however, the 
applicant provides no evidence to persuade us to recommend 
granting the relief sought on that basis.  Therefore, in view of 
the above and in the absence of evidence to the contrary, we 
find no basis upon which to recommend granting the relief 
sought.  

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an injustice 
warranting correction of the applicant’s narrative reason for 
separation.  After carefully reviewing this application, we 
agree with the opinion and recommendation of DPSOR and adopt the 
rationale expressed as the basis for our decision that the 
applicant has been the victim of an injustice.  Accordingly, we 
recommend his records be corrected to the extent indicated 
below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to reflect that, on 
21 October 1953, he was discharged by reason of “Secretarial 
Authority,” with a separation code of “JFF.”  

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-03302 in Executive Session on 24 April 2014, 
under the provisions of AFI 36-2603:

, Chair
, Member
, Member

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

     Exhibit A.  DD Form 149, dated 30 Jun 13, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 5 Nov 13.
     Exhibit D.  Letter, AFPC/DPSID, dated 13 Jan 14.
     Exhibit E.  Letter, SAF/MRBR, dated 24 Jan 14.
     Exhibit F.  Letter, Applicant, dated 14 Feb 14, w/atchs.




                                   Chair