RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02063
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

His discharge should only show ‘honorable’ in accordance with the most recent Department of Defense rules.

In support of his request, the applicant submits a copy of his DD Form 214.  The applicant’s complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 20 Oct 70 for a period of four years.

On 23 Dec 70, the applicant received notification that he was being recommended for discharge as a Class III homosexual because of his homosexual act in Jun 69, prior to his enlistment in the Air Force.  He received an under honorable conditions (general) discharge on 8 Jan 71 under the provisions of AFR 39-12 (homosexual tendencies - class III).  He had completed a total of 2 months and 19 days and was serving in the grade of airman basic (E-1) at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 23 Oct 02, that, on the basis of data furnished, they are unable to locate an arrest record.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.  Based upon the documentation in the file, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The HQ AFPC/DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that, realizing that his homosexuality promised to be a crippling disability in the personal service to his country, he sought the advice of two former officers who had served as psychiatrists during World War II.  While he was entirely forthcoming about the issue of his homosexuality, he did not bring into these conversations the trouble that he was experiencing with controlling his drinking.  He has been sober for the last 15 years and celibate for the last 18 years.  The applicant’s complete submission is at Exhibit E.
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ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request, HQ AFPC/DPPRS provided the following advisory opinion concerning the recent DoD rules and the type of discharge a member would receive today.

HQ AFPC/DPPRS stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  However, considering the reason for his discharge, today he would receive an honorable characterization; therefore, DPPRS recommends clemency.  If a check of the FBI files prove negative, DPPRS recommends the discharge be upgraded to honorable.  The HQ AFPC/DPPRS evaluation is at Exhibit F.
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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 16 October 2002 for review and response.  As of this date, no response has been received by this office (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 to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  The discharge appears to be in compliance with the governing separation directives then in effect.  However, we note that, under today’s standards, the applicant would in all likelihood receive an honorable discharge.  We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility (Exhibit F) that, on the basis of clemency, his discharge should be upgraded to honorable.  In view of the foregoing, we recommend that the applicant’s record be corrected as 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 8 January 1971, 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 26 November 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 18 Jun 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Jul 02.
   Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 02.
   Exhibit E.  Letter from Applicant, dated 21 Aug 02.
   Exhibit F.  Letter, HQ AFPC/DPPRS, dated 11 Oct 02.
   Exhibit G.  Letter, SAF/MRBR, dated 16 Oct 02.

                                   Panel Chair

AFBCMR 02-02063

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 8 January 1971, he was honorably discharged and furnished an Honorable Discharge certificate.

	
                                     	Director
                                     	Air Force Review Boards Agency