RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01835 INDEX CODE:	110.02
XXXXXXXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

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

APPLICANT CONTENDS THAT:
He was from a very small town in rural Vermont and was very naïve. He never touched the other person, as accused, in the incident that led to his discharge. The other person was a sergeant; therefore, he was afraid to refuse, not knowing the consequences. He is almost 70 years old now and has health problems.  He would like his discharge upgraded so he could have a flag covered casket when he dies.

In support of his appeal, the applicant provided a personal statement and a copy of a character reference, dated 26 February 1957.

A copy of the applicant’s complete submission with attachments is at Exhibit A.

STATEMENT OF FACTS:
On 16 August 1955, the applicant enlisted in the Regular Air Force at the age of 17 in the grade of airman basic (E-1). He was progressively promoted to the grade of airman third class (E- 2), effective and with a date of rank of 4 October 1956.

An investigation of the applicant was initiated by his commander on 7 May 1956, when another ongoing investigation under Air Force Regulation (AFR) 35-66, Class II Homosexual, directed suspicion toward the applicant.

On or about 25 May 1956, the applicant, without authority, left his organization and remained absent until 12 June 1956 when civilian authorities apprehended him and returned him to his organization. He was subsequently tried by court-martial and was sentenced to 14 days confinement, 7 days of which were remitted.

Office of the Assistant Secretary

DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC

As a result of the investigation, his commander notified the applicant on 10 October 1956, of his intent to recommend the applicant’s case be referred to appropriate authority for consideration of a trial by court-martial. The applicant was also notified that he could request a UOTHC discharge in lieu of further action.

On 11 January 1957, after consulting with counsel, the applicant waived his entitlement to appear before a board and requested discharge without the benefit of board proceedings. He noted that if his resignation was accepted, he could be discharged with a UOTHC characterization of service, deprived of his rights as a veteran, and subject to substantial prejudice in civilian life in situations where the characterization of his discharge may have a bearing.

On 28 January 1957, the discharge authority approved the applicant’s resignation and directed he be furnished an undesirable discharge under the provisions of AFR 35-66 as a Class II Homosexual. The applicant was discharged from the Air Force on 26 February 1956 with a UOTHC discharge.  He had served
1 year, 5 months, and 16 days on active duty.
Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant.

On 7 August 2008, the applicant was given the opportunity to submit comments about his post service activities (Exhibit C). The applicant responded with several character references and a synopsis of his life since his discharge (Exhibit D).

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 probable injustice. After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust. Nevertheless, after reviewing the applicant’s submission we are
1.	
of the opinion that  the applicant has provided sufficient evidence to lead us to conclude that in the years following his separation; he has made a successful adjustment to civilian life. This is evident by his involvement and service to his community and family. In addition, under current Air Force standards the applicant would have received either an honorable or general (under honorable conditions) discharge. In view of these factors and in consideration of the applicant’s age and apparent immaturity at the time of his enlistment, we recommend that his records be corrected as indicated below.

THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 26 February 1957, he was discharged with a general (under honorable conditions) characterization of service and furnished a General (Under Honorable Conditions) Discharge certificate.

The following members of the Board considered this application in Executive Session on 17 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records as recommended. The following documentary evidence for AFBCMR Docket Number BC-2008- 01835 was considered:

Exhibit A.	DD Form 149, dated 29 Apr 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFBCMR , dated 7 Aug 08
Exhibit D.	Applicant’s Letter, not dated, w/atchs.