RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00818
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His 1968 general discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

The records are unjust because nothing was ever proven.  He has two honorable discharges and one general discharge.  During his Air Force career, he always performed his duties in an excellent manner and he usually worked directly with colonels.  He also volunteered to go to Vietnam.

Other than the DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, no supporting documents were submitted (Exhibit A).
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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 20 Aug 59 in the grade of airman basic (E-1) for a period of 4 years.  He was honorably discharged in the grade of airman first class (E-4) on 19 Aug 63 and immediately reenlisted on 20 Aug 63 for a period of 4 years.  The applicant was honorably discharged in the grade of staff sergeant (E-5) on 19 Aug 67 and on 20 Aug 67, he reenlisted for a period of 4 years.

On 21 Oct 68, applicant was notified he was being recommended  for discharge by his squadron commander based upon receipt of information that there was reason to believe the applicant fell within the category of a Class III homosexual as defined in AFM 39-12; i.e., associated with known homosexuals and frequented known homosexual establishments.  On 25 Oct 68, applicant indicated he consulted with counsel and elected to waive his right to a hearing before an administrative discharge board and that he would not be submitting statements in his own behalf.  On 31 Oct 68, the discharge authority approved the recommendation for discharge and directed the applicant be furnished a general discharge certificate.  On 17 Nov 68, the applicant was discharged in the grade of E-5 under the provisions of AFM 39-12 (unsuitability - homosexual class III) with an under honorable conditions (general) discharge.  He had completed a total of 9 years, 2 months and 28 days of active service at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV,  indicated on 17 Aug 99, that, on the basis of data furnished, they are unable to locate an arrest record.
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AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, stated that this case has been reviewed for separation processing and there are no errors or irregularities causing an injustice to the applicant.  The discharge complies with directives in effect at the time of his discharge.  The records indicate the applicant’s military service was reviewed and appropriate action was taken.  The applicant did not identify any specific errors in the discharge processing nor provide facts warranting an upgrade of the discharge he received 31 years ago. Accordingly, DPPRS recommended the applicant’s request be denied (Exhibit C).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he has tried many times over the years to get his discharge upgraded.  After 31 years, attitudes have changed.  He does not feel that just because he had a friend who was gay, black, Jewish, etc., that it should be a bad reflection on him.

In support of his request, the applicant provided a personal statement concerning his post-service activities, with attachments.

Applicant’s complete submission is appended at Exhibit E.
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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 probable error or injustice.  Although there appears to be no error in the discharge proceedings and the discharge was in compliance with the separation directives in effect at the time of the applicant’s separation, we note that under today’s standards, the governing guidelines regarding discharge characterization for homosexuality have become less stringent.  In view of our awareness of this disparity and in recognition of the quality of the applicant’s service, we believe his discharge should be upgraded to honorable.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 November 1968, he was honorably discharged and furnished an Honorable Discharge certificate.
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The following members of the Board considered this application in Executive Session on 27 September 1999, 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 23 Mar 99, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 May 99.
   Exhibit D.  Letter, SAF/MIBR, dated 7 Jun 99.
   Exhibit E.  Letters from applicant, dated 22 Jun 99 and
	             28 Jul 99, w/atchs.

                                   

AFBCMR 99-00818

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 November 1968, he was honorably discharged and furnished an Honorable Discharge certificate.