RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00269
		INDEX CODE:  100.06 

		COUNSEL:  NOT INDICATED

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  1 JUL 2007

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APPLICANT REQUESTS THAT:

His discharge be changed.

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APPLICANT CONTENDS THAT:

Accusations of homosexuality were never substantiated.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 1 August 1961, for a term of four years.  He was separated from the Air Force on 18 February 1964, under the provisions of AFR 39-17 Discharge of Airmen Because of Unfitness (Homosexuality), with an under other than honorable conditions (undesirable) discharge.  He served 2 years, six months and eighteen days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states under current Department of Defense and Air Force guidelines, the applicant would receive a discharge characterization of honorable if there is no indication he attempted, solicited, or committed a homosexual act by using force, coercion, or intimidation.  However, based on the OSI Report of Investigation he used coercion and intimidation.

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 30 June 2006, for review and comment within 30 days.  On 31 July 2006, a copy of the FBI Investigative Report was forwarded to the applicant for review and comment within.  As of this date, this office has received no response.

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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 note the applicant was discharged for homosexuality in 1964.  Although the applicant contends the accusations of homosexuality were never substantiated, he rendered a sworn statement to the OSI, admitting to homosexual relations with Air Force personnel.  In addition, two Air Force members made sworn statements in which they admitted to their homosexual relations with the applicant.  Furthermore, the regulation in effect at that time required that a member be issued an undesirable discharge.  This regulation was subsequently changed allowing the commander more flexibility in determining the type of discharge an individual would receive.  The Air Force states that under current guidelines, if there is no indication a member attempted, solicited or committed a homosexual act by using force, coercion, or intimidation, they receive an honorable discharge.  However, in the applicant’s case the evidence of record reveals he used coercion/intimidation and attempted to fondle fellow airmen.  Further, documentation concerning his discharge is not found in his master military personnel records; however, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that his discharge was proper and in compliance with appropriate directives.  Therefore, based on the available evidence of record, and 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 AFBCMR Docket Number BC-2006-00269 in Executive Session on 20 August 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 06. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 8 Jun 06.
    Exhibit D.  Letter, AFPC/DPPRS, dated 22 Jun 06, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Jun 06.
    Exhibit F.  Letter, AFBCMR, dated 31 Jul 06.