RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00835 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: It has been over 40 years since her discharge from the Air Force. She was a young lady at the time and was not aware of the consequences of her discharge. She served her country with honor and respect and feels an upgrade of her discharge is warranted. In support of her request, the applicant provides a copy of her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and three character reference letters. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 31 May 68 for a period of four years, and was progressively promoted to the grade of airman. On 3 Dec 68, the applicant was notified by her squadron commander that she was recommending her discharge from the Air Force for homosexuality. Specifically, an investigation revealed the applicant had actively participated in homosexual acts. The applicant provided a sworn statement admitting that she had participated in a homosexual act. The commander recommended the applicant receive a general (under honorable conditions) discharge. The applicant acknowledged receipt of the discharge notification, and after consulting with legal counsel, waived her rights associated with an administrative discharge board hearing understanding that if the discharge authority approved the recommendation for an administrative discharge he would also determine the type of discharge to be issued. The base legal office found the case file legally sufficient to support the discharge and the discharge authority approved the separation. On 24 Jan 69, the applicant was discharged in the grade of airman (E-2), under the provisions of AFM 39-12, Separation for Unsuitability, for homosexual acts (Class II), with service characterized as general (under honorable conditions). She served on active duty for 7 months and 23 days. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C). On 29 Apr 10, a request for post-service information was forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After careful consideration of the available evidence, the discharge appears to be in compliance with the governing regulations in effect at the time and we find no evidence to indicate the applicant’s separation from the Air Force was inappropriate. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of the applicant’s appeal, we do not believe she has suffered from an injustice. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Should the applicant provide more expansive evidence, such as statements from community leaders, and acquaintances attesting to her good character and reputation, we will reconsider this case based on the new evidence. We cannot, however, recommend approval based on the current evidence of record. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-00835 in Executive Session on 10 Jun 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Negative Reply, dated 6 Apr 10. Exhibit D. Letter, AFBCMR, dated 29 Apr 10.