RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01569 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: His record is unjust because it was based on one isolated incident. He believed it to be unjust at the time of his discharge, but as a young person, he did not have the knowledge or resources to contest the discharge. In support of his appeal, the applicant provides a copy of his DD Form 214, Report of Separation from the Armed Force of the United States, and a personal reference. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 29 February 1952 and was promoted to the grade of airman third class (E-2) with a date of rank of 25 April 1952. An Office of Special Investigations (OSI) Report of Investigation, dated 12 February 1954, indicates the applicant signed a sworn statement admitting he had passively participated in an act of homosexuality with a fellow airman. On 24 April 1954, the applicant’s commander initiated separation action under the provisions of Air Force Regulation 35-66 indicating the applicant had waived his right to a board hearing. On 20 May 1954, the discharge authority approved the recommended action be approved and directed the applicant be administratively discharged with under the provisions of Air Force Regulation 35- 66, paragraph 5b(5)(a), and issued an Undesirable Discharge Certificate. On 28 May 1954, the applicant was discharged from active duty with an undesirable discharge. He served two years and three months on active duty. Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant. _________________________________________________________________ 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 the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities. Based on the foregoing, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2011-01569 in Executive Session on 14 December 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-01569 was considered: Exhibit A. DD Form 149, dated 15 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records.