RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00250
		INDEX CODE:  100.06 

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be changed to one under honorable conditions.

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APPLICANT CONTENDS THAT:

He served his country honorably regardless of his sexual orientation and that gays and lesbians serving in the military are no longer discharged with an undesirable discharge, but are discharged under honorable conditions.

In support of his request, applicant provided DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, DD Form 214, Report of Separation from the Armed Forces of the United States, DD Form 258AF, Undesirable Discharge from the Armed Forces of the United States of America, Special Order Number 55, and Special Order Number 237.

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

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STATEMENT OF FACTS:

Applicant’s complete military record is not available for review.  Based on the evidence of record, the applicant enlisted in the Regular Air Force on 27 December 1954, for a term of 4 years.  He was separated from the Air Force on 26 March 1956 under the provisions of AFR 35-66 (Homosexuality), with an undesirable discharge. He served one year and three months on active duty. 

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit D.

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AIR FORCE EVALUATION:

AFPC/DPPRS gives no recommendation.  That office defers to the Board to determine if the applicant should be granted relief based on limited supporting documentation in his record.  However, due to lack of documentation to support the reasons leading to his undesirable 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.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A Copy of the Air Force evaluation was forwarded to the applicant on 21 May 04, for review and comment within 30 days.  As of this date, this office has received no response.

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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.  While the complete circumstances surrounding applicant’s separation from the Air Force are unknown, we note that he was discharged for homosexuality under AFR 35-66 in 1956.  The regulation in effect at that time required that a member be issued an undesirable discharge.  This regulation was subsequently changed allowing the commander more flexibility in determining the type of discharge an individual would receive.  Therefore, we believe that the applicant’s discharge should be upgraded to one under honorable conditions.  We note that the Air Force also has recommended his discharge be upgraded to general if his Federal Bureau of Investigation (FBI) report does not reveal any convictions.  A review of his FBI report reveals that since 1975 applicant has not been charged with any criminal conduct.  Accordingly, we recommend that his records be corrected 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 XXXXX, be corrected to show that on 26 March 1956, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number BC-2003-00250 in Executive Session on 15 July 2004, under the provisions of AFI 36-2603:

All members voted to correct the record, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Apr 04, w/atchs. 
    Exhibit B.  Letter, AFPC/DPPRS, dated 18 May 04.
    Exhibit C.  Letter, SAF/MRBR, dated 21 May 04.
    Exhibit D.  FBI Report, dated 19 May 04.

                                   

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR 2003-00250

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 XXXXX, be corrected to show that on 26 March 1956, he was discharged with service characterized as general (under honorable conditions).