RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00045

		COUNSEL:  NONE

		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:

In the year of 1959, he was not cognizant of the law about homosexual people and was involved with one.  He state that he would like to have his discharge upgraded so that he can continue receiving VA benefits.

In support of his appeal, he submits a personal letter, an article on Charcot-Marie-Tooth, a letter from VA, a copy of DD Form 214, Military Service Certification and a birth certificate.

Applicant’s complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 27 June 1955.  The applicant was separated from the Air Force on 31 December 1959 under the provisions of AFR 39-17 (unfitness) for homosexual conduct and received an under other than honorable conditions (UOTHC) discharge.  He had served 4 years, 6 months and 5 days of total active military service.

On 18 December 1959, the applicant’s commander notified him that he was recommending an undesirable discharge under AFR 35-66 (Homosexual), and he believed the case to be a Class II category (not by force).  Action was initiated based on a letter dated   10 December 1959 from the Sixth District Office of Special Investigation (OSI).  Applicant was briefed on his entitlements to meet a board, consulted with counsel and submit statements in his behalf.  He signed a statement indicating he understood his rights and waived his right to appear before a Board of Officers, and did not submit statements.

Pursuant to the Board's request for information, the FBI indicated that, on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial and states that based upon the documentation in the file, we believe the discharge was consistent with the procedural and substantive requirements of the discharge directives in effect at the time of his discharge.  Additionally, the discharge was within the discretion of the discharge authority.  The applicant did not prove any errors or injustices that occurred in the discharge processing.  However, due to the lack of documentation to support the reasons leading to his under other than honorable conditions discharge, they would not be opposed to upgrading his discharge to a general (under honorable conditions) if a search of the FBI files does not reveal any convictions.  

AFPC/DPPRS complete evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 February 2003, for review and comment 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief. The records pertaining to the applicant’s discharge from the service apparently are no longer available.  Applying today’s standards, the mere fact of being a homosexual normally would not result in an undesirable or UOTHC discharge. While we cannot determine whether he committed homosexual acts or was merely known, or presumed, to be homosexual, we believe any doubt should be resolved in his favor and his discharge should be upgraded to general (under honorable conditions).  His request for upgrade to honorable was considered; however, in the absence of evidence pertaining to the facts surrounding his discharge, we do not believe that an upgrade to a fully honorable discharge is warranted.  Accordingly, we recommend that his records 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 at the time of his discharge on 31 December 1959, he was discharged with service characterized as general (under honorable conditions).
 
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The following members of the Board considered Docket Number BC-2003-00045 in Executive Session on 29 July 2003, 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 149s, dated 31 Dec 02, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  FBI Report dated 8 July 2003.
   Exhibit D.  Letter, AFPC/DPPRS, dated 27 Jan 03. 
   Exhibit E.  Letter, SAF/MRBR, dated 7 Feb 03.

                                   

AFBCMR BC-2003-00045

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 at the time of his discharge on 31 December 1959, he was discharged with service characterized as general (under honorable conditions).