RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-01937
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

The applicant proffers no contentions.  In support of his application, the applicant provides a copy of a letter from the Department of Veterans Affairs (DVA), indicating that his service for the period July 23, 1954 through January 14, 1956 was considered honorable for VA purposes.  Applicant’s application is at Exhibit A.

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STATEMENT OF FACTS:

On 23 July 1954, the applicant enlisted in the Regular Air Force at the age of 17 in the grade of airman basic (E-1) for a period of 4 years.  

On 8 October 1954, he was charged with disobeying a lawful order.  For this incident, punishment under Article 15, Uniform Code of Military Justice (UCMJ), was imposed.  He was reduced from the grade of airman third class (E-2) to the grade of airman basic  

From 28 December 1954 to 14 January 1955, he was charged with Absent Without Leave (AWOL).  For this incident, he was convicted by a Summary Court-Martial. He was sentenced to confinement at hard labor for 30 days and forfeiture of twenty-five dollars ($25) of his pay. 

On 2 December 1955, a psychiatric statement was issued by a Neuropsychiatric Clinic, with a diagnosis of sexual deviation, homosexuality (overt), class II.  

On 14 December 1955, the applicant’s commander initiated discharge proceedings against him under the provisions of AFR 35-66 (Homosexuality).  The applicant was notified of his commander’s recommendation and that an Undesirable discharge was being recommended.  He was advised of his rights in the matter.  On 16 December 1955, the discharge authority approved the recommended separation and directed that the applicant be furnished an Undesirable Discharge certificate.

On 14 January 1956, the applicant was discharged with an undesirable discharge.  He had served 1 year, 4 months and 5 days on active duty.

On 22 September 1972, the Air Force Board for Correction of Military Records considered and denied the applicant’s request for a discharge upgrade.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant, which is at Exhibit F.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that while the applicant provides no facts warranting an upgrade of his discharge, the incident did occur over 45 years ago and under today’s guidance applicant would most likely receive a general discharge.  DPPRS would not be opposed to upgrading his discharge to a general (under honorable conditions) if a check of the Federal Bureau of Investigation files proves negative.  The DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 July 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit D).

On 12 August 2003, a letter was forwarded to the applicant suggesting that he consider providing evidence pertaining to his post-service activities.  As of this date, this office has received no response (Exhibit E).  

On 26 August 2003, a copy of the FBI report was forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit F).

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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 warrant an upgrade of the applicant’s discharge.  In this regard, no evidence has been presented which would lead the Board to believe the applicant’s discharge was improper or contrary to the directive under which it was effected.  However, we note that AFPC/DPPRS recommends clemency, if an FBI report proves negative.  In addition, the incident occurred over 45 years ago and that under today’s guidance he would most likely receive a general discharge.  The Board notes the FBI report does contain some entries; however, the last entry occurred in 1967 over 35 years ago.  Therefore, the Board is of the opinion that upgrading the applicant’s discharge to general (under honorable conditions), based on clemency would be appropriate.  Applicant’s request for fully honorable discharge was considered; however, we do not believe the overall record supports a further upgrade.  Therefore, we recommend the applicant's 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 APPLICANT, be corrected to show that on 14 January 1956, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered this application in Executive Session on 9 October 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 149, dated 6 Jun 03 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 Jul 03.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Jul 03.
	Exhibit E.  Letter, AFBCMR, dated 12 Aug 03.
	Exhibit F.  Letter, FBI Report, dated 15 Aug 03 w/atchs.

AFBCMR BC-2003-01937

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 xxxxxxxxxxxxx, be corrected to show that on 14 January 1956, he was discharged with service characterized as general (under honorable conditions).