RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02349
		INDEX CODE:  100.06 

	XXXXXXXXXXXXXX	COUNSEL:  NONE

	XXXXXXXXXXXXXX	HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His undesirable discharge be changed to honorable and his narrative reason for separation be changed.

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APPLICANT CONTENDS THAT:

He is not a homosexual and has been married to the same woman for 48 years.  He was separated for a one time unsubstantiated incident.  According to today’s regulations, he would have been given an honorable discharge.

In support of his request, applicant provided a personal statement, DD Form 214, Report of Separation from the Armed Forces of the United States, a letter from his wife and a copy of his Marriage Certificate.

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

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STATEMENT OF FACTS:

Based on the evidence of record, the applicant enlisted in the Regular Air Force on 22 September 1954, for a term of four years.  On 12 March 1956, his commander notified him, that he was recommending he be discharged, under the provisions of AFR 35-66, (Homosexuality).  The basis for the action was that on 12 March 1956, he under went a psychiatric evaluation and the final opinion of the psychiatric staff was “Sexual Deviate-Homosexuality, overt by own admission and Office of Special Investigation OSI report”.  He waived his rights to appear before a Board and requested discharge without benefit of board proceedings.  He was separated from the Air Force on 24 May 1956, under the provisions of AFR 35-66 (Homosexuality), with an undesirable discharge.  He served one year, seven months and nine days on active duty.

On 10 August 2004, the applicant’s DD Form 214 was corrected to reflect his proper name.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends upgrading the applicant’s discharge to honorable.  They state that under current Department of Defense and Air Force guidelines, he would have received a discharge characterization of honorable if the OSI investigation does not indicate he attempted, solicited or committed a homosexual act by using force, coercion, or intimidation.  However, they recommend disapproval of his request to change the narrative reason for separation.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 August 04, and on 12 October 2004, for review and comment within 30 days.  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  We note that the applicant was discharged for homosexuality under AFR 35-66 in 1956.  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 that they were to receive an honorable discharge. Therefore, we recommend his discharge be upgraded to honorable.  We considered applicant’s request for a change in the reason for separation, however, as noted by the Air Force, under current standards the reason for separation would not change.  In view of this determination, we do not recommend favorable action on his request for change in the reason for separation.  Accordingly, we recommend that his records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 24 May 1956, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02349 in Executive Session on 9 December 2004, under the provisions of AFI 36-2603:

All members voted to correct the record, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jul 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.

AFBCMR BC-2004-02349

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to xxxxxxxxxxxxxxxxxxxxx, be corrected to show that on 24 May 1956, he was honorably discharged and furnished an Honorable Discharge certificate.