RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01150 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged upon disclosure of his sexual orientation. He was ostracized from his unit, and not deployed to Greenland. He served his country with honor, respect and loyalty, never violating any laws or legal regulations. Upon entry to the US Air Force, he was 18 years old and this issue was not part of his life, or a decision he conscientiously made. However, when he was approximately 20 year of age, in the Air Force, his life changed. Since then, he has lived his life quietly. This "undesirable" discharge was not something that he caused; it is something resulting from what his life came to be. His discharge was not based on violation of law, nor military performance, loyalty, or honorable service, but on social acceptance. Society and Congress now accepts this lifestyle within the ranks of the military. He did not have a court martial nor Non-judicial punishment to the best of his knowledge. In support of his appeal, the applicant submits copies of his DD Form 214, Report of Transfer from the United States Air Force, issued in conjunction with his 15 Oct 55 separation; a letter of support from counsel; extracts from his military personnel record (MPR); and case file, AFBCMR Docket No. BC-2006-02824 redacted. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 11 Jun 52 for a period of four years. The group commander notified the applicant of administrative discharge action for homosexuality. The proposed action was based on an investigation initiated by the Office of Special Investigations, at the commander’s request. On 15 Oct 55, the applicant was discharged by reason of homosexuality, with service characterized as undesirable. He was credited with three years, four months, and five days of active duty service. _________________________________________________________________ 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. We have thoroughly reviewed the circumstances surrounding the applicant's discharge. Considered alone, it appears the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Consideration of this Board, however, is not limited to the events which precipitated the discharge. Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed. Under our broader mandate and after careful consideration of all the facts and circumstances of the applicant's case, and in view of the absence of any derogatory information since his separation, his otherwise honorable service, the letter of support submitted in his behalf, and since it has been over 55 years since his separation, we believe an upgrade of the characterization of his discharge to fully honorable is warranted on the basis of clemency. Accordingly, we recommend the applicant’s records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 15 October 1955, he was honorably discharged and furnished an Honorable Discharge Certificate. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01150 in Executive Session on 13 December 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Mar 11, w/atchs. Panel Chair