RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-1999-01084
			INDEX CODE 106.00
 			COUNSEL:  None

	 		HEARING DESIRED:  No

APPLICANT REQUESTS THAT:

His 1965 under-other-than-honorable-conditions (UOTHC) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

At the time of his discharge he was 19 years old. He made one mistake and was not legally well represented. The other individual involved was honorably discharged.  He is now in his fifties, has never been arrested, has been married for 32 years and has two children and two grandchildren.  Had his discharge happened now he would have been honorably discharged.

Applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12 Aug 63.

An AF Office of Special Investigation (AFOSI) inquiry was conducted based on an airman’s allegations that he had engaged in several homosexual acts with the applicant. The applicant contended the airman had blackmailed him into “passive” involvement.  

On 22 Jan 65, the squadron commander advised the applicant of initiation of action against him under AFR 35-66.  The commander indicated that if a court-martial action was neither applicable nor deemed appropriate, he would recommend administrative discharge with a general characterization but that the discharge authority would make final determination as to discharge characterization.  On 22 Jan 65, after consulting with counsel, the applicant waived his right to a hearing before a board of officers and did not submit statements in his own behalf. He indicated he understood that the discharge authority could direct an undesirable discharge.  The squadron commander subsequently recommended that the applicant be given a general discharge based on his admission of passive participation in homosexual acts.  However, on 5 Feb 65, the discharge authority directed separation with an undesirable discharge.

The applicant was subsequently discharged under the provisions of AFR 39-17 (Unfitness) in the grade of airman second class on 11 Feb 65 with a UOTHC discharge and 1 year and 6 months of active service.  

On 7 Sep 66, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s appeal for a general discharge (Exhibit C).

Pursuant to the Board's request, the Federal Bureau of Investigation, Washington, DC, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit D).

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, HQ AFPC/DPPRS, reviewed the case and provided his rationale for recommending denial.

A complete copy of the evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a letter dated 5 Nov 99, the AFBCMR Staff invited the applicant to provide post-service information, which he did with his rebuttal.

He describes his life since his discharge. His father’s death and burial as a veteran prompted him to ask for an upgraded discharge.  He provides character references from his business partner, his attorney, and the town chief of police.

His complete response, with attachments, is at Exhibit H.

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. We find no impropriety in the characterization of applicant's discharge.  It appears that the responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.	Consideration of this Board, however, is not limited to the events that precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations that existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.	Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that applicant has been a productive member of society.  We recognize the adverse impact of the discharge applicant received; and while it may have been appropriate at the time, we believe it would be an injustice for applicant to continue to suffer its effects.  Further, under today’s standards the applicant may very well have been discharged with an honorable or general characterization since this episode of passive misconduct appears to have been an anomaly. Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency and recommend the discharge be upgraded to honorable.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 11 February 1965, he was honorably discharged and furnished an Honorable Discharge certificate.

The following members of the Board considered this application in Executive Session on 22 February 2000, 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 22 Apr 99.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  AFDRB Brief, dated 7 Sep 66, w/atchs.
   Exhibit D.  FBI Report.
   Exhibit E.  Letter, HQ AFPC/DPPRS, dated 22 Jul 99.
   Exhibit F.  Letter, AFBCMR, dated 16 Aug 99.
   Exhibit G.  Letter, AFBCMR, dated 5 Nov 99.
   Exhibit H.  Letter, Applicant, dated 2 Dec 99, w/atchs.

                                   

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 11 February 1965, he was honorably discharged and furnished an Honorable Discharge certificate.