RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00028
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

He was young and foolish.  He believes the punishment was harsh compared to the crime.

In support of the appeal, applicant submits two copies of his DD Form 214.  Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 November 1960 in the grade of airman basic for a period of four years.  He was progressively promoted to the grade of airman first class on 1 October 1963.

On 11 December 1963, applicant’s commander notified him that he had received information warranting the initiation of action under AFR 35-66 (Homosexual Acts or Tendencies -- Class II).  The notification also advised applicant of his rights to consult with legal counsel and submit statements in his own behalf.  On 20 December 1963, applicant submitted a conditional waiver request indicating he would waive his right to a hearing before a board of officers, if his discharge would not be inferior to a general discharge.  On 23 January 1964, he was notified of a hearing before an AFR 35-66 Board, to investigate the allegation of his participation in a homosexual act and possible discharge action.  On 30 January 1964, he acknowledged receipt of the notification and indicated legal counsel would represent him.  On 30 January 1964, he appeared before a board of officers and the findings and recommendation was to separate him with an under other than honorable conditions (undesirable) discharge.  The base legal services reviewed the report from the board of officers and found it legally sufficient to support the findings and recommendation to discharge him with an under other than honorable conditions (undesirable) discharge.  The discharge authority approved the findings and recommendation of the board of officers and directed he receive an under other than honorable conditions (undesirable) discharge.

The applicant was separated from the Air Force on 9 March 1964 under the provisions of AFR 39-17 (Unfitness-Homosexuals-Class II-Board) and received an under other than honorable conditions (undesirable) discharge.  He served three years, four months and eight days on active duty.

On 8 April 1964, the Air Force Discharge Review Board (AFDRB) considered the applicant’s record and concluded his discharge should be upgraded to an under honorable conditions (general) discharge.  The AFDRB decision document is at Exhibit B.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority and he has provided no other facts warranting any further upgrade of discharge.  Therefore, they recommend denial of the applicant’s request.  A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 March 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  On 18 Mar 2004 the applicant was invited to provide information pertaining to his post service activities.  On 23 Mar 2004, 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 to any of the above correspondence.

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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 took notice of the applicant's complete submission in judging the merits of the case and the fact that his undesirable discharge was upgraded to general by the AFDRB in 1964.  In the absence of evidence indicating the applicant has made a successful post service adjustment and because of the information contained in the FBI report provided for our review, we believe the applicant was afforded proper and fitting relief as a result of the consideration of his appeal by the AFDRB and that further relief in the form of an honorable discharge would not be appropriate.  Therefore, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 23 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 Feb 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 27 Feb 04.
	Exhibit E.	Letters, SAF/MRBR, dated 5 Mar 04 and
               AFBCMR, dated 18 and 23 Mar 04.

					
					Chair