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AF | BCMR | CY2013 | BC 2013 03520
Original file (BC 2013 03520.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-03520
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He honorably served his country.  He was given an undesirable 
discharge for homosexuality.  He had no discipline or 
performance problems prior to the charges of homosexuality.  The 
Government has determined that homosexuals can serve in the 
military today.  If today’s standards were in effect during his 
term of service - he would not have received an undesirable 
discharge.

In support of the applicant’s appeal, he provides documents 
extracted from his military personnel records.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on 
25 October 1951.

The applicant was notified by his commander of his intent to 
recommend his discharge from the Air Force under the provisions 
of AFR 35-66 (Homosexuality).  The record indicates that the 
applicant had been a regular participant in homosexual acts 
since the age of fourteen.

In an interview with personnel at the 38th Medical Group the 
applicant admitted to being a homosexual.  He stated that he had 
committed frequent acts of a homosexual nature both as a passive 
and an aggressive nature since being in the Air Force.  He also 
stated that he was discharged from the Navy prior to service in 
the Air Force because of homosexuality.


He was advised of his rights in this matter and after consulting 
with counsel the applicant waived his right to a hearing before 
a board of officers and requested discharge without benefit of 
board proceedings.  In a legal review of the case file, the 
staff judge advocate found the case legally sufficient.

The discharge authority concurred with the recommendation for 
discharge and directed an undesirable discharge.  The applicant 
was discharged on 24 April 1954.  He served 2 years and 6 months 
on active duty.

On 20 September 2011, the law commonly known as “Don't Ask, 
Don't Tell” (DADT), 10 USC 654, was repealed.  The Department of 
Defense subsequently issued guidance indicating that Service 
Discharge Review Boards (ORB) 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 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 error or injustice.  In light of 
the repeal of DADT and the applicant's record of performance, it 
would be appropriate to change the characterization of service, 
narrative reason for separation and corresponding separation 
program designator(SPD) code.  In a memorandum, dated 
20 September 2001, the Under Secretary of Defense published 
guidance that Service Discharge Review Boards should normally 
grant requests to change the narrative reason for separation, 
corresponding SPD code, and upgrade the service 
characterization, 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, the applicant's discharge 
meets these requirements.  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 24 
April 1954, he was honorably discharged with a narrative reason 
for separation of “Secretarial Authority,” a separation program 
designator code of “JFF,” and furnished an Honorable Discharge 
certificate.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03520 in Executive Session on 12 June 2014, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 15 July 2013, w/atchs.
  Exhibit B.  DD Form 214 and Discharge Package.




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