RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00588
		INDEX NUMBER:  100.00

		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:

It has been over 40 years since his discharge, and he has not been in any trouble since he was discharged.  He was young and made a mistake.

In support of his appeal, applicant submits four letters of character reference, two negative local police record reports, and post service training certificates.

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on   16 Nov 53, for a period of four years.  On 26 Jul 56, his squadron commander initiated action under the Uniform Code of Military Justice (UCMJ) and requested an investigation predicated upon information received from British Police.  An individual complained to British Police that three American airmen had picked him up and while riding in their car assaulted him and forced him to commit oral sodomy on two of the airmen.  Due to applicant admitting under oath that a homosexual act was performed by him, the commander recommended applicant be furnished a general discharge under the provisions of AFR 35-66.

Applicant appeared before a Board of Officers convened on 17 Aug 56, for the purpose of investigating the act or acts of homosexuality that were allegedly committed on or attempted to be committed by the applicant.  The Board found that the applicant did commit an act of sodomy and recommended he be discharged from the Air Force with an undesirable discharge.

The Staff Judge Advocate found the report of proceedings legally sufficient to sustain the findings and recommendations of the board.  The Air Division deputy commander recommended applicant be discharged under the provisions of AFR 35-66 and furnished an undesirable discharge.

On 7 Sep 56, the Executive Secretary of the Air Force Personnel Council directed applicant’s undesirable discharge under the provisions of AFR 35-66.

On 25 Sep 56, applicant was discharged under the provisions of   AFR 35-66 with an undesirable discharge.  He was credited with     2 years, 10 months, and 10 days of active military service.

On 28 Sep 61, the applicant applied to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to an honorable discharge.  After review of the evidence of record, the AFDRB determined his request for upgrade should be denied.  (Exhibit C)

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 19 April 2004, that, on the basis of data furnished, they are unable to locate an arrest record.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  They stated, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge directives in effect at the time of his discharge.  The discharge was within the discretion of the discharge authority.  They noted the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, the applicant provided no facts warranting an upgrade of his discharge.  Under current Department of Defense and Air Force guidelines, the applicant would receive a discharge characterization of under honorable conditions (general) if his records indicated he did not attempt, solicit, or commit a homosexual act by using force, coercion, or intimidation.  According to the documentation on file in the master personnel records, applicant did participate in an act of sodomy accompanied by force and violence.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Mar 04 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  However, we recognize the adverse impact of the applicant’s discharge; and while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects.  From the documentation submitted in support of his appeal, it appears the applicant has been a responsible citizen and productive member of society since his separation.  Therefore, we believe an upgrade of the characterization of his discharge to general (under honorable conditions) is warranted on the basis of clemency.  In view of the seriousness of the misconduct that led to his discharge, we are not persuaded that further relief in the form of a fully honorable discharge is warranted.  Accordingly, we recommend that his records be corrected as 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 25 September 1956, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number BC-2004-00588 in Executive Session on 8 July 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 19 Feb 04, w/atch
     Exhibit B.  Applicant's Master Personnel Records
     Exhibit C.  AFDRB Hearing Record, dated 8 Nov 61, w/atchs
     Exhibit D.  Letter, AFPC/DPPRS, dated 12 Mar 04
     Exhibit E.  Letter, SAF/MRBR, dated 19 Mar 04

                                   

AFBCMR BC-2004-00588

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 [APPLICANT], be corrected to show that on 25 September 1956, he was discharged with service characterized as general (under honorable conditions).