RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01860
		
      					COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.  His general (under honorable conditions) discharge be upgraded 
to honorable.

2.  He be awarded the Good Conduct Medal.


APPLICANT CONTENDS THAT:

He was grilled into confessing he was gay.  

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


STATEMENT OF FACTS:

On 11 Sep 56, the applicant entered the Regular Air Force. 

On 26 Nov 59, he was notified by his commander that he was 
recommending his discharge from the Air Force for homosexual acts 
or tendencies.  The basis for the proposed action was the 
applicant demonstrated a propensity to engage in homosexual 
conduct and on two separate occasions, he engaged in homosexual 
acts. 

On 14 Dec 59, the applicant acknowledged receipt of the discharge 
notification and, after consulting with counsel, invoked his right 
to a discharge board and elected not to submit matters on his 
behalf at that time.

On 23 Mar 60, the discharge authority approved the finding and 
recommendation of the discharge board and directed the applicant 
be discharged. 
?
On 19 Apr 60, the applicant received a general (under honorable 
conditions) discharge under the provisions of AFR 35-66, 
Administrative Separation of Airmen, Class II homosexual conduct.  
He was credited with 7 years, 4 months, and 11 days of total 
active service. 


AIR FORCE EVALUATION:

AFPC/DPSOR recommends changing the applicant’s service 
characterization to honorable, his narrative reason for separation 
to “Secretarial Authority,” and his separation code to “JFF.”  On 
20 Sep 11, the law commonly known as “Don’t Ask, Don’t Tell” 
(DADT), Title 10 U.S.C. § 654 was repealed.  The Department of 
Defense subsequently issued guidance indicating that Service 
Discharge Review Boards 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 complete DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends changing the applicant’s Reentry (RE) code 
to “1.”  The applicant received an RE code of 2--(Ineligible) 
based on being involuntarily separated.  He did not address his RE 
code but wants his character of service upgraded to honorable 
based on being coerced into confessing he was gay.  Although the 
applicant did not submit any evidence to support his accusations, 
there has been a change in policy that warrants consideration of 
his request.  On 10 Sep 11, the Under Secretary of Defense issued 
guidance to repeal DADT policy.  The guidance states requests to 
change the RE code to 1J--(Eligible to reenlist, but elects 
separation) should be granted for members separated under DADT or 
similar policy that did not involve aggravating factors.  However, 
when the applicant separated in 1960, the equivalent of RE code 1J 
was 1--(Eligible); there were no two digit RE codes at that time.  
Additionally, a thorough search of the applicant’s records did not 
reveal any evidence of misconduct.

The complete DPSOA evaluation is at Exhibit D.

AFPC/JA concurs with the recommendations of DPSOR and DPSOA that 
the applicant’s discharge warrants a change to the 
characterization of his discharge, narrative reason for 
separation, separation code, and RE code.  The applicant’s records 
support that actions taken by the Air Force complied with the law, 
regulations and applicable policy in effect at the time, pursuant 
to current DoD policy guidance.  However, due to the repeal of 
"DADT" and subsequent guidance, they concur with each of the 
recommended changes.

The complete JA evaluation is at Exhibit E.

AFPC/DPSID states that should the Board change the applicant's 
service characterization to "Honorable” they recommend approval of 
the applicant’s request for award of the AFGCM with one Bronze 
Loop.

The Good Conduct Medal is awarded to enlisted members who have 
honorably completed three continuous years of active military 
service subsequent to 26 Aug 40, and who are recommended by their 
commanding officers for exemplary behavior, efficiency, and 
fidelity.  The Good Conduct Medal is awarded for a one-year period 
of service during a time of war only when a formal declaration of 
war has been made and approved by the United States Congress.

The complete DPSID evaluation is at Exhibit F.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 4 Jun 15 for review and comment within 30 days 
(Exhibit G).  As of this date, no response has been received by 
this office.


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.  Having carefully reviewed 
this application, we agree with the recommendations of the Air 
Force offices of primary responsibility and adopt the rationale 
expressed as the basis for our decision that the applicant has 
been the victim of either an error or an injustice.  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:

      a.  On 19 Apr 60, he was discharged with an honorable 
characterization of service, a narrative reason for separation of 
“Secretarial Authority,” a separation code of “JFF” and a Reentry 
(RE) code of “1.”

	b.  He was awarded the Good Conduct Medal with one Bronze 
Loop.


The following members of the Board considered AFBCMR Docket Number 
BC-2014-01860 in Executive Session on 8 Jul 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 was considered:

	Exhibit A.  DD Form 149, dated 24 Apr 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 10 Mar 15.
	Exhibit D.  Letter, AFPC/DPSOA, dated 7 Apr 15.
	Exhibit E.  Letter, AFPC/JA, dated 21 Apr 15.
	Exhibit F.  Letter, AFPC/DPSID, dated 1 Jun 15.
	Exhibit G.  Letter, SAF/MRBR, dated 4 Jun 15.




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