RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01244 INDEX CODE: 110.02
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His undesirable (under other than honorable conditions) discharge be upgraded to honorable.

THE APPLICANT CONTENDS THAT:
A review of the documentation from the Department of Veterans Affairs shows his service was considered honorable during the period of 28 October 1954 through 17 June 1958.

In support of the application, the applicant submits a letter from the Department of Veterans Affairs.

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

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 October 1954 for a period of four years.

Based on the available master personnel records, on 15 November 1955, the applicant received an Article 15 for preparing an obscene message that was transmitted over the CW Radio Communications Net operated by his squadron. His punishment was reduction to airman basic.

On 17 June 1958, he was discharged under the provisions of AFR 35-66, paragraph 16a (1)(a), specifically, for being a Class II Homosexual. He received an undesirable discharge after serving 3 years, 7 months and 20 days of total active service.

AFR 35-66 defines Class II homosexuals as those cases where a member of the Air Force has engaged in one or more homosexual acts, or had proposed or attempted to perform an act of homosexuality which does not fall into the Class I category (i.e., homosexual acts accompanied by assault or coercion).  No

distinction is made in the administrative handling of cases of alleged participation in homosexual acts based upon whether the role of the person in any particular act was active or passive.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 15 April 2008, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

On 22 May 2008, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit D).

APPLICANT'S POST SERVICE DOCUMENTATION:
The applicant provided post service documentation to support his request for an upgrade of his discharge. He states he has lived in the area for 25 years and worked as a barber, has contributed to his community, has paid his taxes, and always voted on Election Day.

Applicant's complete response, with attachments, is at Exhibit E.

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 injustice. Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is our opinion that approval of some relief is warranted in this case. It appears likely that he has led a stable and productive life and it appears that there is no evidence that he has had any subsequent involvement of a derogatory nature since his separation from the Air Force. In light of the above, we believe that it would be an injustice for him to continue to suffer the adverse effects of an undesirable discharge. Therefore on the basis of clemency, we believe an upgrade of his discharge to general (under honorable conditions) is warranted. Applicant’s request for upgrade to honorable was considered; however, based on the overall record, we do not believe that an honorable discharge is warranted. Accordingly, we recommend that his records be corrected only to the extent indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 June 1954, he was discharged with service characterized as general (under honorable conditions).

The following members of the Board considered AFBCMR Docket Number BC-2008-01244 in Executive Session on 9 July 2008, provisions of AFI 36-2603:

, Panel Chair,
 Member
, Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 31 Mar 08 w/atch. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	FBI Negative Reply, dated 15 Apr 08. Exhibit D.	Letter, AFBCMR, dated 22 May 08.
Exhibit E.	Applicant’s response, 4 Jun 08, w/atchs.