RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01626
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He was coerced into resigning his Air Force commission in
1967 after two roommates revealed that he was gay. Their
statements led the Office of Special Investigations (OSI) to
harass him during an already difficult time in his life. He
felt threatened and confused and resigned his commission for
the good of the service in order to prevent undergoing a court-
martial. He served honorably and would like his discharge
upgraded.
The Board should find it in the interest of justice to consider
his untimely application because of the changes in the
regulations that have taken place since his discharge.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
In an undated statement from the OSI, the applicant was
interviewed during May 1967 in connection with several
investigations of alleged homosexual activities of other Air
Force personnel.
On 11 May 1967, the applicants commander notified him that he
had information warranting the initiation of action against him
under the provisions of AFR 35-66, Discharge Processing Where
Homosexual Acts or Tendencies are Involved. The applicant was
also notified that he could tender his resignation for the good
of the service, which would preclude trial by a general court-
martial.
In a letter dated 15 May 1967, the applicant tendered his
resignation.
On 5 July 1967, upon recommendation from the Air Force Personnel
Board, the Secretary of the Air Force accepted the applicants
resignation and directed that he be issued an under other than
honorable conditions discharge.
On 19 July 1967, the applicant was separated from the Air Force
under the provisions of AFR 36-12, Administrative Separation of
Commissioned Officers, with an under other than honorable
conditions discharge. He served on active duty for a period of
11 months and 19 days.
According to the applicants DD Form 293, Application for Review
of Discharge or Separation from the Armed Forces of the Armed
Forces of the United States, dated 22 July 1967, he requested
his under other than honorable conditions discharge be upgraded
to an honorable discharge.
In a letter dated 21 November 1967, the Air Force Discharge
Review Board considered all the facts of record and concluded
that a change in the type or nature of discharge was not
warranted. Accordingly the Secretary of the Air Force directed
the applicants application be denied.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends approval. On 10 September 2011, the Under
Secretary of Defense issued guidance pertaining to correction of
military record requests resulting from the repeal of Title 10,
§ 654, commonly known as Don't Ask, Don't Tell (DADT). Although
the discharge was properly processed according to the applicable
regulation, the applicant's discharge record indicates the
discharge was based solely on DADT and did not involve
aggravating factors. Since there were no other aggravating
factors, an honorable service characterization is warranted in
this case. Furthermore, since the Separation Program Designator
(SPD) code on the applicant's DD Form 214 means resignation in
lieu of further action, or elimination, because of homosexuality
(Class II), his SPD code and the narrative reason for
separation will also need to be changed. Accordingly, DPSOR
recommends his narrative reason for separation be changed to
Secretarial Authority, with a corresponding SPD code of JFF.
The complete DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 11 August 2014, a copy of the Air Force evaluation 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 D).
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 in accordance with the Under Secretary of
Defense (Personnel and Readiness) guidance memorandum,
Correction of Military Records Following Repeal of § 654 of
Title 10, United States Code, dated 20 September 2011; Discharge
Review Boards should normally grant requests to change the
narrative reason for a discharge to Secretarial Authority, SPD
code to JFF and 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. Based on our review
of the evidence of record, the applicants discharge meets these
requirements. Therefore, we recommend the applicants record be
corrected as set forth 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
19 July 1967, he was honorably discharged with a narrative
reason for separation of Secretarial Authority, a separation
program designator code of JFF and that he be furnished an
Honorable Discharge certificate.
The following members of the Board considered this application
in Executive Session on 12 February 2015, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence pertaining to AFBCMR BC-2014-
01626 was considered:
Exhibit A. DD Form 149, 18 April 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 21 May 2014.
Exhibit D. Letter, SAF/MRBR, dated 11 August 2014.
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