RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01300
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was unjustly charged and feels that he was forced to sign statements.  He also states that he was not provided proper legal counsel.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s master personnel record (MPR) appears to have been destroyed by the 1973 fire at the National Personnel records Center (NPRC) in St. Louis.

Based on the available documentation the following facts are provided.

Applicant enlisted in the Regular Air Force on 3 April 1953.

On 7 August 1957, while serving in the grade of staff sergeant, he was discharged under the provisions of AFR 35-66 (homosexual- Class II), and received an under other than honorable conditions (UOTHC) discharge.  He served 4 years, 4 months and 5 days total active service.

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

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant did not identify any specific errors in the discharge processing.  However, considering the discharge occurred over 44 years ago and the reason for the discharge action, they recommend clemency.  For the offenses cited, a member in the Air Force today would most likely receive an under honorable conditions (general) discharge characterization.  If a check of the Federal Bureau of Investigation (FBI) files proves negative, they recommend the discharge be upgraded to under honorable conditions (general).

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 May 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date no response has been received by this office.

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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.	We find no impropriety in the characterization of applicant's discharge.  It appears that 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 which 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 inequity and clemency rather than simply on whether rules and regulations which 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’s discharge should be upgraded to honorable.  In consideration of his over four years of service and his apparent good post service record, we believe that his discharge should be upgraded.  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.  Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency.

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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 7 August 1957, 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 11 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 8 Jul 01, w/atchs.
	Exhibit B.	Fire Related Documents.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 21 May 02.
	Exhibit E.	Letter, AFBCMR, dated 31 May 02.

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AFBCMR 02-01300

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 be corrected to show that on 7 August 1957, he was honorably discharged and furnished an Honorable Discharge certificate.