RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03236

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge and his 25 days of lost time be removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given a choice of being transferred to another command or accepting a discharge out of the Air Force.  He should not have received an undesirable discharge since he was the one that assisted the authorities, but he guesses he was guilty by association.

He has been married for over 51 years with a son and a daughter.  At 23 years old, he had over 700 employees under his supervision.  He went on to become vice president of a manufacturing company, with 23 plants under his direction.

In support of the applicant’s appeal, he provided a personal letter and a letter from his spouse.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 21 February 1950, applicant enlisted in the Regular Air Force.  Prior to the events under review he was promoted to the grade of corporal (E-4).  Applicant’s grade at time of discharge was private (Pvt/E-1).

Applicant received character and efficiency ratings of excellent on 14 Jun 50; from 15 Jun 50 – 24 Jul 50, ratings were unknown; from 25 Jul 50 – 23 Aug 50, ratings were excellent; from 24 Aug 50 – 25 Jan 52, character was poor and efficiency was excellent, and from 27 Jan 52 – 18 Feb 52, ratings were unknown.

On 12 Oct 51, applicant was convicted by Summary Court-Martial for being absent without leave (AWOL) from 6 Oct 51 until on or about 10 Oct 51.  He received a reduction to the grade of private, and was restricted to the limits of the squadron for one month.

On 3 Nov 51, applicant was convicted by Special Court-Martial for being AWOL from 20 Oct 51 until 23 Oct 51.  He was sentenced to confinement at hard labor (CHL) for nine days and forfeiture of $16.

Following an investigation of alleged homosexual conduct involving the applicant and two other airmen, the applicant provided a statement, on 27 October 1951, agreeing to accept an undesirable discharge for the good of the service in lieu of further action under the provisions of AFR 35-66.  The case was forwarded through command channels to the Secretary of the Air Force (SAF) Personnel Council for a final decision.  On 14 Jan 52, the SAF Personnel Council accepted the signed statement tendered by the applicant and directed that he be discharged and issued an Undesirable Discharge Certificate.  On 7 March 1952, he was discharged under the provisions of AFR 35-66 by reason of homosexual tendencies, with an undesirable discharge.  He was credited with 1 year, 11 months, and 22 days active service (excludes 16 days of lost time).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 13 March 2002, that, on the basis of data furnished, they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and found that based upon the documentation in the file the discharge was consistent with the procedural and substantive requirements of the discharge regulation at that time.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They state that considering the discharge occurred over 49 years ago, the type of offenses and the applicant’s statement, they recommend clemency.  They also recommended that if the FBI files prove negative, that the applicant’s discharge be upgraded to under honorable conditions (general).

A complete copy of the evaluation is attached at Exhibit D.

HQ AFPC/DPW reviewed the applicant’s request to have 25 days of lost time for being absent without leave (AWOL) removed from his record.  They found that the applicant was AWOL 6 – 10 Oct 51, and 20 – 23 Oct 51, and was placed in confinement for nine days.  They state that when calculating lost time, the day a member is returned to a present for duty status is not considered to be lost time.  Therefore, the applicant’s total lost time should be 16 days vice 25 days.  They recommended that the applicant’s record be corrected to reflect 16 days in Block 38 on his DD Form 214.  With respect to the applicant’s request to have all lost time deleted, they recommended denial.

A complete copy of the evaluation is attached at Exhibit E.

HQ AFPC/DPPRSP recommended that one DD Form 214 be accomplished, if applicant’s request for upgrade of discharge is granted Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 March 2002 for review and comment within 30 days.  As of this date, no response has been received by this office Exhibit G.

By letter dated 28 March 2002, the AFBCMR invited the applicant to provide additional evidence pertaining to his activities since leaving the service (Exhibit H).  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 error or injustice warranting upgrading of his discharge to general (under honorable conditions).  We found no evidence that responsible officials applied inappropriate standards in effecting the applicant’s discharge, that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  Nevertheless, the applicant has had to live with the adverse effects of his undesirable discharge for over 49 years, and while the discharge may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer from its effects.  Based on the evidence presented, and in view of the negative FBI report, it appears that the applicant has been a responsible citizen and productive member of society since his separation.  We therefore agree with the recommendation of the Air Force that the applicant’s discharge should be upgraded to general (under honorable conditions) on the basis of clemency.  We considered applicant’s request for an honorable discharge; however, based on his overall record, we are not persuaded that a further upgrade of his discharge to fully honorable is warranted.

4.  We considered the applicant’s request that 25 days of lost time be expunged from his records and found no basis to delete the lost time in its entirety.  Evidence in the record reflects that the applicant had 16 days of lost time; two incidents of AWOL totaling 7 days, and 9 days of confinement.  Therefore, we agree with the recommendation of the Air Force that his lost time should be corrected to 16 days vice 25 days.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.  On 7 March 1952, he was discharged with service characterized as general (under honorable conditions).

	b.  He had 16 days of lost time as opposed to 25 days; and, that during the remainder of the time in question, he was in a duty status.

_________________________________________________________________

The following members of the Board considered this application AFBCMR Docket Number 01-03236 in Executive Session on 8 May 2002, 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 6 Nov 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Dec 01, w/atchs.
     Exhibit E.  Letter, HQ AFPC/DPW, dated 1 Feb 02, w/atchs.
     Exhibit F.  Letter, HQ AFPC/DPPRSP, dated 4 Mar 02, w/atchs.
     Exhibit G.  Letter, SAF/MRBR, dated 8 Mar 02, w/atchs.
     Exhibit H.  Letter, AFBCMR, dated 28 Mar 02, w/atchs.

AFBCMR 01-03236

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:

		a.  On 7 March 1952, he was discharged with service characterized as general (under honorable conditions).

	b.  He had 16 days of lost time as opposed to 25 days; and, that during the remainder of the time in question, he was in a duty status.