RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02722 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: On the day in question he was drunk. He met two people in the orderly room and was taken to a vacant bed. Afterwards, the Air Police appeared and charged him with homosexual behavior. He has lived stressfully with this discharge over 40 years. His family has no knowledge of his situation and he wants to keep it that way. A member of the American Legion advised him that he could have his discharge case reviewed and changed. He would like the Board to consider changing his discharge to give him a peace of mind. At no time was he a homosexual. He would like to rid himself of this nightmare. In support of his request, the applicant provides copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; a letter from the Veterans Administration. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 9 March 1965, the applicant enlisted in the Regular Air Force for a period of four years. On 24 June 1968, the applicant was notified by his squadron commander that he was recommending his discharge from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or Request for Discharge for the Good of the Service; and Procedures for the Rehabilitation Program, for unfitness. Specifically, on 19 March 1968, the applicant committed an act of sexual perversion. The commander recommended the applicant receive a general (under honorable conditions) discharge. On 3 July 1968, the applicant acknowledged receipt of the discharge notification. After consulting with legal counsel, he waived his rights to an administrative discharge board hearing. The base legal office found the case file legally sufficient to support a general discharge and the discharge authority approved the separation. On 24 Jan 69, the applicant was discharged in the grade of sergeant, under the provisions of AFM 39-12, with service characterized as general (under honorable conditions). He completed 3 years and 5 months of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge process. He provides no facts, which warrant a change to his reason for separation or service characterization. Based on the documentation in the applicant’s master personnel records, the discharge and characterization of service were consistent with the procedural and substantive requirements of the discharge manual and were within the discretion of the discharge authority. In regards to the applicant’s contention that he was not provided counseling, DPSOS states his military records clearly indicates he was counseled on numerous occasions regarding his conduct and was afforded an opportunity to meet Air Force standards prior to his discharge. The complete DPSOS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was not counseled and the only advice he received was not to challenge the allegation and to go quietly. He never committed an act of sexual perversion. The applicant’s complete response 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case, to include his response to the Air Force evaluation; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We considered upgrading his discharge on the basis of clemency; however, based on his overall record of service and no documentation related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge on the basis of clemency is warranted. ________________________________________________________________ THE BOARD DETERMINED 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 AFBCMR Docket Number BC-2010-02722 in Executive Session on 21 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 13 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 28 Jan 11 Exhibit E. Applicant's Response, undated.