RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02367
		INDEX CODE:  100.06 

	XXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXXXXXXXXXXXXXXXXXXX	HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His undesirable discharge be changed to honorable.

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APPLICANT CONTENDS THAT:

He is not and never was a homosexual.  Someone accused him and he was coerced into naming others he suspected of being homosexual or he would be court martial.

In support of his request, applicant provided a Certificate of Military Service, a letter from the Department of Veterans Affairs (DVA), background information from a Congressional Inquiry, and a personal statement.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.  The available records reflect that the applicant enlisted in the Regular Air Force on 6 November 1948 for a term of 4 years.  He was separated from the Air Force on 5 November 1954, under the provisions of AFR 35-66 (Homosexuality), with an undesirable discharge.  He served 5 years, 9 months and 16 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit G.

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AIR FORCE EVALUATION:

AFPC/DPPRS gives no recommendation.  That office defers to the Board to determine if the applicant should be granted relief based on limited supporting documentation in his record.  They state that under current Department of Defense and Air Force guidelines, he would have received a discharge characterization of honorable if there is no indication he attempted, solicited or committed a homosexual act by using force, coercion, or intimidation.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states this issue is extremely important to him.  He believes he should have received an honorable discharge in 1954.  He has lived with this stigma for 50 years.  He is not gay.  He served two tours in Korea and lost his benefits.  He pleads for justice to remove this stigma from his service records.

His complete response is at Exhibit E. 

Applicant was provided with a copy of the FBI report and he responded by stating that in 1963, his wife filed a false complaint against him.  He attempted to see his son, who was 22 months old at the time, but her boyfriend objected and convinced her to perjure herself.  He spent the night in jail and the case was thrown out of court.

His complete response is at Exhibit H.

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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.  While the complete circumstances surrounding applicant’s separation from the Air Force are unknown, we note that he was discharged for homosexuality under AFR 35-66 in 1954.  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 that if there is no indication a member attempted, solicited or committed a homosexual act that they were to receive an honorable discharge.  As stated above, the circumstances surrounding his discharge are unknown; however, after reviewing applicant’s statements and to remove any possibility of an injustice to the applicant, we believe that the benefit of doubt should be resolved in his favor.  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 5 November 1954, 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-2004-02367 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 2 Aug 04, w/atchs. 
    Exhibit B.  Applicant's Available Master Personnel 
			 Records.
    Exhibit C.  Letter, AFPC/MRBR, dated 26 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Sep 04.
    Exhibit E.  Letter, Applicant, dated 25 Nov 04.
    Exhibit F.  Letter, AFBCMR, dated 16 Nov 04.
    Exhibit G.  FBI Report, dated 19 May 04.
    Exhibit H.  Letter, Applicant, dated 22 Nov 04.

AFBCMR BC-2004-02367

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 XXXXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 5 November 1954, he was honorably discharged and furnished an Honorable Discharge certificate.