RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00050
				INDEX CODE:  110.00
	APPLICANT  	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

After the incident giving rise to his discharge, and before its issuance, he was never advised of the nature or consequence of the discharge; nor was he offered legal representation.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant served on active duty in the grade of airman second class.  He was discharged from the Air Force on 24 Dec 55, for homosexuality and received an "undesirable discharge."  He served 18 months of active duty service.

Applicant's military personnel records were destroyed by fire and only limited information is available for review.  The relevant facts pertaining to this application, extracted from the applicant's available military records, are contained in the letter prepared by the appropriate office of the Air Force.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states other than the applicant's certification of military service; there are no documents to substantiate the
sequence of events regarding his discharge.  DPPRS cannot discuss the validity of the applicant's discharge due to lack of documentation.  Since the discharge occurred a long time ago and the applicant denies participating in the misconduct, they recommend upgrading the applicant's discharge to Under Honorable Conditions (General) if the FBI record does not reflect any subsequent convictions.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states the incident on the FBI report is correct, but he has since that time earned his Master's and Journeyman's license in plumbing.  He is married with three children and has resided in Kentucky since 1980.  He started his plumbing business in 1981.  He is active in the community.  The applicant submitted, with his response, letters of support from his pastor and former employer.

Applicant's response, with attachments, is attached at Exhibit F.

The applicant's counsel submitted additional character references which are attached at Exhibit G.

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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 of timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting an upgrade of the applicant’s discharge.  No evidence has been presented which would lead the Board to believe the service member’s discharge was improper or contrary to the directive under which it was effected.  Nevertheless, the applicant has had to live with the effect of his undesirable discharge for 47 years and while the discharge may have been appropriate at the time, it would be an injustice for him to continue to suffer from its effect.  It appears the applicant has made a successful transition to civilian life, as evidenced by the post-service documentation he has provided; therefore, we are of the opinion that upgrading the applicant’s discharge to general, based on 
clemency, would be appropriate.  Therefore, we recommend the service member’s records be correct to the extent indicated below.

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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 24 December 1955, he was discharged with the service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number  02-00050  in  Executive  Session  on May 7, 2002 and August 27, 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 20 Feb 02.
   Exhibit E.  Letter, SAF/MRBR, dated 1 Mar 02.
   Exhibit F.  Letter, Applicant's Response, dated 4 Apr 02.
   Exhibit G.  Letter, Applicant's Counsel, dated 2 Aug 02, w/atchs.