RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-02222
INDEX CODE:  110.02
	XXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His discharge has always haunted him.  His discharge was inequitable because it was based on one isolated incident in 44 months of service with no other adverse action.  

In support of his application, he provided a personal statement; a copy of DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States; three letters of indorsement; and a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  A copy of the applicant’s complete submission with attachments is at Exhibit A.

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STATEMENT OF FACTS:

On 17 June 1960, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years.  The applicant was trained in Air Force Specialty Code (AFSC) 702X0, Administrative Clerk.  He was progressively promoted to the grade of airman first class (E-3), effective and with a date of rank of 1 June 1962.  He received three Airman Performance Reports (APRs) closing 16 June 1961, 16 June 1962 and 15 June 1963, in which the overall evaluations were exceptional, exceptional and outstanding, respectively.  The latter report contained the promotion recommendation of “Promote Well Ahead of Contemporaries.”

On 24 October 1963, the applicant was notified by his commander of information received warranting the initiation of action against him under Air Force Regulation (AFR) 35-66, Discharge Processing Where Homosexual Acts or Tendencies are Involved.  The applicant acknowledged receipt and sought counsel on 25 October 1963.  A board of officers convened on 26-27 November 1963 to investigate the facts and circumstances surrounding the allegations.  The applicant appeared before the board with counsel.  The board found that the applicant was subject to discharge under the provisions of AFR 35-66, paragraph 12b, (Class II) and recommended that he be discharged from the service with an undesirable discharge in accordance with AFR 39-17, Enlisted Personnel Discharge - Unfitness.

On 27 November 1963, the applicant submitted comments for review by the convening authority and requested retention or, if retention was not possible, that his service be characterized as no less than a general.  In support of his requests, he provided two supportive/character statements.  On 2 January 1964, the discharge authority approved the board’s recommendation and directed that the applicant be furnished an Undesirable Discharge certificate.  The applicant was discharged from the Air Force on 9 January 1964 under the provisions of AFR 39-17 (Unfitness) with an under other than honorable conditions (UOTHC) discharge.  He had served 3 years, 6 months, and 23 days on active duty.  A reenlistment eligibility (RE) of 2 was assigned. 

Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed the applicant’s case file and recommends denial.  Other than character statements submitted by the applicant, he did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  The applicant did not provide any facts warranting an upgrade of his discharge.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant is deeply afraid if he can’t get his discharge changed to honorable, that he won’t be able to survive financially without social security.  The applicant’s rebuttal is at Exhibit D.

The applicant was given the opportunity to submit comments about his post service activities.  His reply 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 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.  After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  Nevertheless, after reviewing the applicant’s submission we are of the opinion that the applicant has provided sufficient evidence to lead us to conclude that in the years following his separation, he has made a successful adjustment to civilian life.  This is evident by his involvement and service to his community and family.  In addition, under current Air Force standards the applicant would have received an honorable discharge.  In view of these factors and in consideration of the applicant’s age and apparent immaturity at the time of his enlistment, we recommend that his records be corrected as indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 9 January 1964, 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 19 February 2002, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 02‑02222 was considered:

     Exhibit A.  DD Form 149, dated 25 Oct 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 7 Nov 02.
     Exhibit D.  Applicant’s Rebuttal, dated 25 Nov 02
     Exhibit E.  Applicant’s Letter, dated 21 Jan 03.

AFBCMR 02-02222

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 XXXXXXXXXXXXXXXXXXX, be corrected to show that on 9 January 1964, he was honorably discharged and furnished an Honorable Discharge certificate.