RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02547

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was discharged from the United States Air Force after being accused of being a homosexual, and performing homosexual acts.  It was not true twenty years ago, and it’s still not true today.

He has spent a lot of time and money to have his service record reviewed, including all of his performance reports, in order that his DD Form 214 will reflect an Honorable Discharge.  The administrative board of 1979 and 1980 were corrupt and bias.

He is respectfully asking the Board to review his service records, and schedule an appointment for him to appear before the Air Force Board of Military Record Corrections.  Individuals who are able to help him are now becoming old, and many are deceased.

Applicant’s complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 4 February 1974.  During the period in question, he was a staff sergeant serving as a military training instructor with the 3701 Basic Military Training Squadron at Lackland AFB, TX.

Applicant was involuntarily discharged on 11 July 1979 with a general (under honorable conditions) discharge for misconduct, homosexual acts.  He had 5 years, 5 months and 7 days of service.

The Air Force Discharge Review Board (AFDRB) denied applicant's request on 6 October 1980.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The applicant did not prove any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade of his discharge.  Accordingly, they recommend his records remain the same and his request be denied.  He has not filed a timely request.

The AFPC/DPPRS evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the opinion and stated that he protests the finding of HQ AFPC/DPPRS, to recommend denial of his application to the AFBCMR.  He request this protest is made part of the permanent record, this is to be sent to the National Personnel Records, Center located in St Louis MO.  He protests the so-called review of his Air Force records by TSgt ---___, at Randolph AFB TX.  He demands that the AFBCMR send back the Memorandum for AFBCMR to HQ AFPC/DPPRS, and have a General Officer review the record.  He does not want an enlisted person to review his pristine military records.  

In closing, he has obtained information on TSgt ---___.  He has been informed by Randolph AFB insiders, that he had a homosexual event some years in the past.  This fact alone should disqualify TSgt ---___ from his present position.  He is also looking into the allegation that TSgt ---___ has required diversity and sensitivity training.  This concerns him. 

The applicant’s response is 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the findings of the Administrative Discharge Board should be set aside and his discharge upgraded to honorable.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  Applicant’s arguments for relief were fully addressed and countered by the Staff Judge Advocate, and we find no basis upon which to disagree with that assessment. We therefore concur with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, we find no compelling basis to recommend granting the relief sought.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 13 March 2002, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 28 Aug 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 4 Oct 01.
	Exhibit D.	Letter, SAF/MRBR, dated 19 Oct 01.
	Exhibit E.	Applicant's response, dated 31 Oct 01.