RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04512
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her late fathers under other than honorable conditions
discharge (UOTHC) be upgraded to an honorable discharge.
APPLICANT CONTENDS THAT:
Her father had requested a hardship discharge, but while waiting
for approval he was seen by a fellow airman going into the
apartment of a known homosexual. A few days later, his
discharge was approved and because the deceased former service
members father was ill he did not contest the discharge. His
service had been honorable prior to this incident.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The deceased former member initially entered the Regular Air
Force on 11 July 1951 and reenlisted on 10 July 1958, for a
period of six years.
On 20 December 1961, the deceased former member was separated
under the provisions of AFR 39-17, Unfitness, with a military
separation code of 257, Unfitness: Homosexual Acts, and
furnished a UOTHC discharge. He was credited with 9 years, 5
months, and 11 days of total active service.
On 8 July 1980, the Air Force Discharge Review Board (AFDRB)
considered and denied the deceased former members request to
change the type or nature of his discharge. The AFDRB concluded
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority and that the applicant was
provided full administrative due process.
On 10 September 2011, the Under Secretary of Defense issued
guidance pertaining to correction of military records requests
resulting from the repeal of Title 10, United States Code,
Section 654 (10 U.S.C. § 654), commonly known as "Dont Ask,
Dont Tell (DADT). In a memorandum, dated 20 September 2011,
the Under Secretary of Defense published guidance that Service
Discharge Review Boards should normally grant requests to change
the narrative reason for discharge (the change should be to
"Secretarial Authority"), requests to re-characterize the
discharge to honorable, and/or request a change to the reentry
code to an immediately-eligible-to-reenter category 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. Although each request must be
evaluated on a case-by-case basis, the award of an honorable or
general (under honorable conditions) discharge should normally
be considered to indicate the absence of aggravating factors.
On 13 June 2013, according to documentation provided by the
applicant, the deceased former member passed away.
On 15 October 2014, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
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 error or injustice warranting
relief. The applicant is requesting an upgrade of her late
fathers discharge, contending that his under other than
honorable conditions (UOTHC) discharge was based solely on the
fact that he was seen entering the apartment of a known
homosexual. No evidence has been presented which would lead us
to believe his discharge was improper or contrary to the
directive under which it was affected at the time of his
separation. However, in light of the repeal of DADT, and
because there is no evidence of misconduct on the part of the
deceased former member during his service, it would be
appropriate to upgrade his discharge and correct the reason and
authority for his separation. In a memorandum, dated 20 Sep 11,
the Under Secretary of Defense published guidance that Service
Discharge Review Boards should normally grant requests to change
the character of service, narrative reason for separation, SPD,
and RE codes if 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 deceased former
members discharge meets these requirements. Therefore, we
recommend the applicants record be corrected as indicated
below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the DECEASED FORMER MEMBER be corrected to
show that on 20 December 1961, he was honorably discharged, with
the reason and authority for his separation of Secretarial
Authority.
The following members of the Board considered AFBCMR Docket
Number BC-2013-04512 in Executive Session on Friday, 21 Nov 2014
under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 15 Oct 14.
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