RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01396 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His sexual orientation was used as grounds for discharging him from the Air Force with an undesirable discharge. He committed no crime and contends the Air Force was intolerant of homosexuality until recently. He believes he may receive a more fair hearing on the matter today. In support of his appeal, the applicant has provided a personal statement. Applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 3 August 1964. He was progressively promoted to the grade of airman third class with a date of rank (DOR) of 26 September 1964. Medical documentation included in his application indicates he experienced “Frequent trouble sleeping, worry, nervousness attributed to result of homosexual tendencies for past 5 – 6 months.” On 7 October 1965, his commander notified him he was recommending him for discharge in accordance with Air Force Regulation (AFR) 35-66. The applicant met with assigned counsel and subsequently waived his right to a hearing before a board of officers and declined to submit statements on his behalf. The undesirable discharge request was found legally sufficient on 7 October 1965. He was discharged on 20 October 1965 with an UOTHC discharge, after having served for 1 year, 2 months, and 18 days. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 14 May 2007, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C). ________________________________________________________________ _ 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of 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 compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. 5. 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 involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ 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 AFBCMR Docket Number BC-2007-01396 in Executive Session on 22 January 2008, under the provisions of AFI 36-2603: The following documentary evidence with regard to AFBCMR Docket Number BC-2007-01396 was considered: Exhibit A. DD Form 149, dated 1 May 07, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Negative Reply, dated 18 May 07.