RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00509
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded.
APPLICANT CONTENDS THAT:
He was forced to make an admission of homosexual acts under duress
and was never openly homosexual during his four years in the Air
Force.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 6 May 64, the applicant initially entered the Regular Air
Force.
On 16 May 68, the applicants commander notified him that he was
recommending his discharge. The specific reason for the discharge
action was the applicants homosexual admission when evidence
unfavorable to him was discovered during an investigation of
another airman at a different duty station.
On 30 Apr 68, after consulting with legal counsel, the applicant
acknowledged receipt of the action and waived his right to a
hearing before an administrative discharge board. He did not
elect to submit any statements on his own behalf.
On 31 May 68, the legal office reviewed the case and found it
legally sufficient and the discharge authority concurred with the
commanders recommendation.
On 5 Jun 68, the applicant was furnished a general (under
honorable conditions) discharge and credited with four years and
one month of active service.
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 Dont
Ask, Dont Tell (DADT). 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 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 16 Jun 14, in response to a request for post-service
information, the applicant provided a statement on his own behalf
and his FBI criminal record check (no criminal records exist).
The applicants complete response, with attachments, is at Exhibit
D.
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 his discharge be upgraded to honorable
based on the repeal of the law known as Dont Ask, Dont Tell
(DADT). No evidence has been presented which would lead us to
believe his discharge was improper or contrary to the directive
under which it was effected at the time of his separation.
However, in light of the repeal of DADT and the applicants record
of performance, it would be appropriate to upgrade his discharge
to honorable. In a memorandum, dated 20 Sep 11, the Under
Secretary of Defense published guidance that Service Discharge
Review Boards should normally grant requests to re-characterize
the discharge to honorable 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 applicants discharge
meets these requirements. Therefore, we recommend the applicants
record be corrected as indicated below.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
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 5 Jun 68,
he was honorably discharged, issued a narrative reason for
separation of Secretarial Authority, and Reentry (RE) Code of
1.
The following members of the Board considered AFBCMR Docket Number
BC-2014-00509 in Executive Session on 21 Nov 14 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 30 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit D. Applicants rebuttal letter, dated 16 Jun 14
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