RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01824
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to Honorable.

APPLICANT CONTENDS THAT:

He served honorably with dignity and integrity.  His discharge 
was solely based on homosexuality.   There were no blemishes on 
his record and even when he notified his commander of his 
sexuality in Sep 70, he was asked to continue to serve until Jan 
71.  Today gay service members are permitted to serve.

In support of his request, the applicant provided copies of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, and a character letter from a co-worker 
that served with applicant, dated 24 Feb 14.

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 9 Apr 
69.  
On 10 Nov 70, the applicant received an Article 15, Nonjudicial 
Punishment, for without authority - failing to go, a violation 
of Article 86 of the Uniform Code of Military Justice (UCMJ).  
The applicant was ordered to forfeit $25.00.  
On 7 Dec 70, the applicant was notified by his commander he was 
being recommended for discharge based on exhibited and professed 
homosexual tendencies under the provisions of AFM 39-12, 
Separation for Unsuitability, Misconduct, Resignation, or 
Request for Discharge for the Good of the Service and Procedures 
for the Rehabilitation Program, Chapter 2, Section A, paragraph 
2.4f.
On 23 Dec 70, the Staff Judge Advocate reviewed the case and 
found it legally sufficient.
On 31 Dec 70, the discharge authority approved a General (Under 
Honorable Conditions) discharge.
On 8 Jan 71, the applicant was furnished a General (Under 
Honorable Conditions) discharge, and was credited with 1 year 
and 9 months of active service.
The remaining relevant facts pertaining to this application are 
described in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are included at Exhibits C, 
D, and E.

AIR FORCE EVALUATION:

AFPC/DPSOR recommends partial correction.  Recommend the Board 
change the authority from “AFM 39-12, Unfitness” to “AFR 39-10, 
Administrative Separation of Airmen”.  In addition, they 
recommend that the Board approve changing the Separation (SPD) 
code from “361” to “JFF” and the narrative reason for separation 
from “Attrition, Unsuitability-Homosexual Tendencies – Class 
III, Waiver of Board Authority” to “Secretarial Authority”.  

On 10 Sep 2011, 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 
“Don't Ask, Don't Tell (DADT)”.  An excerpt from the 
aforementioned guidance is provided:  “Effective September 20, 
2011, Service DRBs should normally grant requests to change the 
narrative reason for a discharge (the change should be 
“Secretarial Authority” (Separation Program Designator Code 
(SPD) code JFF)), requests to re-characterize the discharge to 
honorable, and/or requests to change the reentry code to an 
immediately-eligible-to-renter category (the new RE code should 
be IJ) when both of the following conditions are met: (1) the 
original discharge was based solely 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 discharge was properly processed according to the applicable 
regulation and the applicant's master personnel record reveals 
evidence of an aggravating factor.  The presence of an 
additional aggravating factor in the record prevents them from 
recommending a discharge upgrade to honorable.  They do 
recognize that it has been approximately 44 years since the 
applicant's discharge and the applicant has provided evidence of 
a clean record since discharge so the board could consider a 
discharge upgrade based on clemency.
AFPC/DPSOR recommends disapproval of the applicant’s request to 
upgrade his service characterization to Honorable based on 
additional aggravating factors found in the applicant’s master 
personnel record.    
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial, indicating there is no evidence of 
an error or injustice.  

Although AFPC/DPSOR recommends some changes per the 10 Sep 11 
guidance referenced above, they do not support the change of 
applicant’s character of service to Honorable based on the 
evidence of misconduct in the applicant’s record.  As such, they 
recommend the Board not change the applicant’s current Reentry 
Code of “2”.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

AFPC/JA recommends partial correction.  Pursuant to current DoD 
policy, they agree with AFPC/DPSOA and AFPC/DPSOR’s opinion that 
the applicant’s discharge warrants a change to the authority for 
discharge, narrative reason for separation and SPD code, but not 
an upgrade to his characterization of discharge.  They also 
recommend leaving the applicant’s Reentry code unchanged unless 
the board changes the discharge characterization to an Honorable 
discharge. 
 
A complete copy of the AFPC/JA evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a report from the Criminal Justice 
Information Services (CJIS) Division of the Federal Bureau of 
Investigation (FBI).  On 3 Sep 14, a search of the fingerprints 
provided by the applicant revealed no prior arrest data at the 
FBI. 

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 warranting 
relief.  The applicant is requesting his discharge be upgraded 
to honorable based on the repeal of 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 Don’t Ask, Don’t Tell (DADT), 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.  While it appears the 
applicant’s failure to go was included as derogatory data in the 
discharge notification, we are not convinced this constitutes 
misconduct that, in and of itself, would have formed the basis 
for discharge with a General (Under Honorable Conditions) 
service characterization. Therefore, we recommend the 
applicant’s records be corrected as indicated below.  

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 
8 Jan 71, he was discharged with a narrative reason for 
separation of “Secretarial Authority”, a separation program 
designator code of “JFF”, reentry code of “1J”, and a service 
characterization of “Honorable”.

The following members of the Board considered AFBCMR Docket 
Number BC-2014-01824 in Executive Session on 7 Apr 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01824 was considered:

	Exhibit A.  DD Form 149, dated 28 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 28 Oct 14.
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 8 Dec 14.
	Exhibit E.  Memorandum, AFPC/JA, dated 30 Dec 14.
	Exhibit F.  Letter, SAF/MRBR, dated 23 Jan 15.
	Exhibit G.  FBI Report, dated 3 Sep 14.