RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01194
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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This application for correction of the records of [former member/applicant] was submitted by Widow.

APPLICANT REQUESTS THAT:

Her late husband's under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge to allow eligibility for Department of Veterans Affairs (DVA) entitlements.
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APPLICANT CONTENDS THAT:

Her late husband served his country for over five years during the Vietnam War and received several medals.  He was a good man and she does not understand why he was given a UOTHC discharge.  Her late husband was denied burial in the National Cemetery in ---, and a military headstone.  She believes he deserves a military headstone for serving his country.

In support of her request, the applicant submits a personal statement, copies of her late husband’s DD Form 214, death certificate and additional documents associated with the issues cited in her contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 4 February 1964, the former member was appointed a second lieutenant, Reserve of the Air Force, and was voluntarily ordered to extended active duty.  He was progressively promoted to the grade of captain, Reserve of the Air Force, effective and with a date of rank of 4 August 1967.

On 31 October 1968, the applicant was admitted for a command-directed psychological evaluation following an arrest for sexual exhibitionism.  The diagnoses were sexual deviation-exhibitionism; and, adult situational reaction, marked by depressive features, acute, moderate and improved.  It was noted that sexual deviation is a character and behavior disorder as defined by the governing Air Force manual and therefore made the former member eligible for separation.

On 1 November 1968, court-martial charges were preferred against the applicant for willfully and wrongfully committing indecent acts in public view between 25 and 30 October 1968.  On 6 November 1968, the former member voluntarily tendered his resignation for the good of the service.  He acknowledged, he could receive a UOTHC discharge, would not be entitled to settlement for accrued leave and may be deprived of many Veterans Administration (VA) rights and benefits.  He was afforded the opportunity to consult legal counsel regarding the submission of his resignation.  The former member’s resignation was forwarded to the Secretary of the Air Force Personnel Council.  On 27 January 1969, the Secretary of the Air Force accepted the former member’s resignation for the good of the service and directed that he be issued a UOTHC discharge.

The former member received an under other than honorable conditions (UOTHC) discharge on 7 February 1969 under the provisions of AFR 36-12, with a Separation Designator Number (SDN) of “522”, which defined means “Resignation in Lieu of Court-Martial, Triable by Court-Martial.”  He had completed a total of five years, three months and two days of active service and was serving in the grade of captain at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 22 August 2003, that, on the basis of data furnished, they are unable to locate an arrest record.
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AIR FORCE EVALUATION:

HQ USAF/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.  DPPRS states that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.   The HQ USAF/DPPRS evaluation, with attachments, is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided additional correspondence concerning her late husband’s post-service activities.  She indicates that her late husband’s misconduct while in the service was out of character for him.  He was a young man and this had to be a foolish act that he committed from 25-30 October 1968.  He was a good Christian man and a loving father.  He served as President of their church congregation, as Elder and on the Board of Maintenance.  He was always willing to help anyone. Her late husband worked for different security companies and was well liked by all his employers and the people he did business with.  He was never arrested or in any kind of trouble with the law, other than a speeding ticket years ago.  She is asking that his discharge be changed to honorable based on clemency.

In support of her request, she has submitted copies of the awards her late husband received, character references and additional post-service documentation.  The applicant’s complete submission, with attachments, 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We thoroughly reviewed the former member’s entire record and the circumstances surrounding his discharge.  In this respect, we noted that he voluntarily tendered his resignation in lieu of trial by court-martial, acknowledging that he could receive a UOTHC discharge.  We found no evidence that pertinent Air Force regulations were violated, that the former member was not afforded all the rights to which entitled at the time he submitted his resignation or that responsible officials applied inappropriate standards in effecting the former member’s discharge.  In addition, the former member’s post-service documentation, provided in support of his appeal, was noted.  The former member’s efforts since his discharge were commendable; however, we are not persuaded that the documentation is sufficient to overcome the misconduct that, ultimately, resulted in his separation.  While we are not unsympathetic toward the former member’s family, in view of the above, we find no basis on which to favorably consider this application.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered this application in Executive Session on 25 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-01194.

   Exhibit A.  DD Form 149, dated 18 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 2 May 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 9 May 03.
   Exhibit E.  Letter from Applicant, dated 30 Jun 03, w/atchs.