RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00447
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

He was put out of the service for homosexuality.  He indicates he has never had a homosexual relationship.  When he was discharged he was not court-martialed, never had a hearing, or legal representation.  He further indicates he is married with four children and four grandchildren.  He has worked hard all of his life to be a good citizen.  He has spent 43 years trying to forget why he was discharged or that he was in the service.  He has lived his whole life with this injustice.

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

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STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri; therefore, the circumstances surrounding his separation from the Air Force cannot be verified.

Based on the available records, it appears the applicant enlisted in the Air Force on 13 August 1958.  He was discharged on 26 February 1960 in the grade of airman third class with an undesirable discharge under the provisions of AFR 39-17 (Unfitness).  He served 1 year, 6 months, and 13 days total active military service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated they were unable to identify with an arrest record on the basis of information furnished - Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS indicated they were unable to determine the propriety of the discharge based on the lack of documentation on file in the master personnel records.  The applicant did not submit any evidence or identify any errors in the discharge processing, nor provide facts that support upgrading the discharge to honorable.  They defer to the Board to determine if the applicant should be granted relief based on limited supporting documentation on file in the master personnel records.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 March 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

On 6 April 2004, the Board staff requested the applicant provide post-service documentation within 14 days (Exhibit F).  The applicant’s response, with attachments, is at Exhibit G.

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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 warranting the applicant’s discharge be upgraded.  Given the limited documentation, and based upon the presumption of regularity in the conduct of government affairs and without evidence to the contrary, we must assume the applicant’s discharge was proper and in compliance with appropriate directives.  While the exact reason for the applicant’s undesirable discharge cannot be determined from the available documentation, it is reasonable to conclude his misconduct was minor in nature.  At the time of the applicant’s discharge, apparently under the provisions of AFR 39-17, an undesirable discharge was mandated for airmen discharged for unfitness.  However, after reviewing the available documentation, we believe the applicant’s discharge should be upgraded on the basis of changes made to AFR 39-17 on March 17, 1959, giving a commander more discretion when recommending a discharge for unfitness, as was apparently the situation in the applicant’s case.  In accordance with the 1959 change in Air Force policy regarding discharge of airmen under AFR 39-17, it is noted that personnel discharged under this authority could conceivably have their service characterized with a general or an honorable discharge.  While there is no indication in the applicant’s available records regarding the quality of his service, during the time period in question, the commander would have been precluded from giving him either a general or an honorable discharge.  However, as a result of the change in policy, either a general or an honorable discharge could have been recommended.  We note the FBI Report is negative.  Actually, it appears the applicant has been a law-abiding citizen who is highly thought of by members of the community and who has had to live with the effects of his discharge for nearly 45 years.  Therefore, we believe to preclude any possibility of an injustice to the applicant, any doubt should be resolved in his favor by recommending approval of his request.

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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 26 February 1960, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered AFBCMR Docket Number B C-2004-00447 in Executive Session on 18 May 2004, 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 5 February 2004, w/atchs.
   Exhibit B.  Available Military Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 15 March 2004.
   Exhibit E.  Letter, SAF/MRBR, dated 19 March 1004.
   Exhibit F.  Letter, AFBCMR, dated 6 April 2004.
   Exhibit G.  Letter, Applicant, dated 27 April 2004, w/atch.

					   Panel Chair 

AFBCMR BC-2004-00447

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 be corrected to show that on 26 February 1960, he was honorably discharged and furnished an Honorable Discharge certificate.

		Director
		Air Force Review Boards Agency