RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-00259
		INDEX CODE 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1963 under-other-than-honorable-conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was discharged for being a homosexual. He has lost his records in his many moves over the years.

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant’s records were apparently destroyed in the Jul 73 fire at the National Personnel Records Center (NPRC). The NPRC was able to verify that the applicant served in the Air Force from 1 Aug 57 to 31 Jul 61, when he was honorably discharged in the grade of airman first class (A1C) and apparently reenlisted. He was subsequently discharged in the grade of A1C on 19 Jul 63, with a UOTHC characterization.  

In a letter dated 9 Feb 04, SAF/MRBR requested the applicant to provide additional documents in support of his appeal. Other than the 31 Jul 61 discharge certificate and the NPRC certification of military service, no other records are available.

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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. After a thorough review of the available evidence and the applicant’s submission, we are not persuaded his UOTHC discharge should be upgraded to honorable. The applicant’s records were destroyed in the 1973 fire at the NPRC. The only remaining verifiable facts are that the applicant served in the Air Force from 1 Aug 57 to 31 Jul 61, was honorably discharged in the grade of A1C, apparently reenlisted and was subsequently discharged in the same grade on 19 Jul 63, with a UOTHC characterization. The applicant maintains he received a UOTHC discharge for “being a homosexual.” However, he submits nothing to substantiate his claim. The possibility exists that the applicant was separated for another matter entirely and, with no records to review, we prefer to rely on the presumption of regularity by the officials conducting his discharge process. Should the applicant provide additional evidence substantiating his contention that the basis of his UOTHC discharge was homosexuality, we may be willing to reconsider his appeal. Until then, and in view of the paucity of evidence before us, we find no compelling basis to recommend granting the relief sought. 

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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 21 April 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-00259 was considered:

  Exhibit A.  DD Form 149, dated 5 Feb 04, w/atchs.
  Exhibit B.  Applicant's Reconstructed Master Personnel Records.

                                   Chair