RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01050 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge from the Air Force was based on an isolated 
incident. He received several awards and served his country 
honorably. 

 

In support of his application the applicant provides a 
DD Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 4 Jun 85 for a 
period of four years. 

 

On 4 Oct 88, he was notified of his commander's intent to 
recommend him for discharge for Homosexuality. 

 

The commander stated the following reasons for the proposed 
discharge: 

 

His admission to a security police investigator of 
homosexual acts in 1984 or 1985 and of attempted homosexual 
acts on 2 Jul 88, as evidenced by a statement given on 
27 Jul 88. 

 

He was advised of his rights in this matter and after consulting 
with counsel elected not to submit statements in his own behalf. 

 


He submitted a waiver of his right to an administrative discharge 
board contingent on receiving no less than a general discharge. 

 

The discharge case was reviewed by the base legal office and 
found to be legally sufficient to support discharge and it was 
recommended he be discharged with a general (under honorable 
conditions) discharge. 

 

The discharge authority approved the separation and directed the 
applicant be discharged with a general (under honorable 
conditions) discharge. 

 

On 28 Oct 85, he was discharged in the grade of airman first 
class for Homosexual Acts, under the provisions of AFR 39-10. He 
received a general discharge characterization, and an RE Code of 
2B, “Separated with a General or UOTHC Discharge”, which bars 
immediate reenlistment. He served a total of 3 years, 4 months, 
and 25 days of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, WV, indicated on 15 May 09, that, on 
the basis of data furnished, they are unable to locate an arrest 
record. 

 

On 13 Oct 09, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit D). 

 

In his response to the post-service information request, the 
applicant indicates that he served the Air Force honorably and 
achieved success in his endeavors as an airman. He made a 
mistake one night after drinking excessively which ruined his 
career and dream of serving in the Air Force. He was treated too 
harshly for this incident and believes he should not have been 
discharged. 

 

Since his discharge he has been an upstanding member of society 
and has achieved success in several jobs. He is married and his 
stepson serves in the Army. He is a man of honor and someone who 
can be counted on. The applicant’s wife and a friend also 
provide statements attesting to his character. 

 

The applicant’s complete response, with attachments, 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 error or injustice. The Board finds 
no impropriety in the characterization of applicant's discharge. 
It appears that responsible officials applied appropriate 
standards in effecting the separation, and we do not find 
persuasive evidence that pertinent regulations were violated or 
the applicant was not afforded all the rights to which entitled 
at the time of discharge. The applicant has not shown the 
characterization of the discharge was contrary to the provisions 
of the governing regulation, nor has it been shown the nature of 
the discharge was unduly harsh or disproportionate to the 
offenses committed. We considered upgrading the discharge based 
on clemency; however, based on the limited documentation 
concerning his activities since leaving the service, we are not 
inclined to recommend upgrading his discharge based on clemency 
at this time. Therefore, we find no basis upon which to 
recommend granting the relief sought. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES: 

 

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-2009-01050 in Executive Session on 3 Dec 09, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence was considered under AFBCMR 
Docket Number BC-2009-01050: 

 

 Exhibit A. DD Form 149, dated 13 Apr 09, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 14 Oct 09, w/atch. 

 Exhibit D. Letter, Applicant, undated, w/atchs. 

 

 

 

 

 

 

 Panel Chair