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AF | BCMR | CY1997 | 9602643
Original file (9602643.pdf) Auto-classification: Approved
DEPARTMENT OF THE AIR FORCE 

WASHINGTON, D. C. 

Office of the Assistant Secretary 

AF'BCMR  96-02643 

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: 

e Department of the Air Force 
be corrected to show that on 
service characterized as general 

Director 
Air Force Review Boards Agency 

. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  96-02643 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

NOV04MZ 

APPLICANT REOUESTS THAT: 

His discharge be upgraded to General, Under Honorable Conditions. 

APPLICANT CONTENDS THAT: 

He is not, and has never been a homosexual. 

The applicant states that  he  was  the  one  that  reported to  his 
commanding officer an attempted seduction by  the Manager of  the 
Airman's Club.  He  did  not  entertain this  homosexual act  with 
this  airman  and  found  it  thoroughly  repulsive. 
He  served 
honorably for 3 years and 5 months.  He was also commended for 
volunteering to dig out a plane that was stranded on a ice cap in 
Greenland  in 35 degree below  zero weather.  He  states that  he 
entered the Air  Force at  age  17 directly from high school.  He 
never received any written documentation from the officer review 
board, but was told by his adjutant that they voted that he not 
be  discharged. 
He  notes  that  he  has  raised  two  wonderful 
children. 
The applicant's complete submission is attached at Exhibit A .  

STATEMENT OF FACTS: 

The applicant enlisted  in the Regular Air Force on 18 September 
1951 for a period of four years. 

On  28  June  1954, the  applicant  told his  commander that  he  had 
engaged in a homosexual act. 

In  a  letter, dated  29  October  1954, the  applicant's commander 
indicated  that  the  incident  described  by  applicant  required  a 
thorough  investigation  and  forwarded  the  information  for 
processing. 
The  commander  also  indicated  that  based  on 
observation of  the applicant for over a period  of  9 months, he 
recommended no further action be taken. 

On 13 August  1954, a Board of Officers convened and  found that 
the  applicant  participated  in  a  homosexual  act  with  another 
airman. 
Since  the  applicant  was  highly  recommended  by  his 
superior,  they  recommended  he  be  retained  on  active  duty. 
However, the MAJCOM recommended the applicant received a general 
discharge. 

On  28  January  1955, upon  the  recommendation of  the  Air  Force 
Personnel Board, the Secretary of the Air Force directed that the 
applicant  be  discharged  and  issued  an  undesirable  discharge 
certificate. 

On  19 February  1955, the  applicant was  discharged with  service 
characterized as undesirable.  He served 3 years, 5 months, and 2 
days of active service. 

On 26 August  1955, the Air Force Discharge Board considered and 
denied applicant's request for an upgrade of his discharge. 
Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation, Washington,  D.C. ,  was  requested  to  provide  an 
investigative report on the applicant; however, on the basis of 
the data furnished, they were unable to locate an arrest record. 

THE  BOARD CONCLUDES THAT: 
1.  The applicant has exhausted a l l   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 probable error or injustice.  After 
thoroughly  reviewing  the  evidence  of  record  and  noting  the 
applicant's contentions, we  believe  the applicant may  have been 
the victim of an error or injustice.  We note that prior to the 
apparent  isolated  incident  in  question,  the  applicant  had  no 
prior  history  of  any  homosexual  acts.  Furthermore,  had  the 
applicant not been truthful and immediately reported the incident 
to  his  commander,  action  would  never  have  been  taken  to 
administratively discharge him.  At  the  time  the  applicant was 
being  processed  f o r   administrative  discharge,  he  was  highly 
recommended by  his superior officers -and enlisted associates as 
to his character, efficiency, and his present and future value to 
the A i r   Force.  In view of the above, we believe the applicant's 
characterization of service should be described as general, under 
honorable  conditions.  Therefore, we  recommend  his  records  be 
corrected to the extent indicated below. 

2 

I

F

 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 19 February 
1955, he  was  discharged  with  service  characterized  as  general 
(under honorable conditions). 

The following members of the Board considered this application in 
Executive Session on 23  September 1997,  under the provisions of 
AFI 36-2603: 

Mr. David C. Van Gasbeck, Panel Chairman 
Mr. William E. Edwards, Member 
Mr. Frank J. Colson, Member 
Mr. Phillip E. Horton, Examiner  (without vote) 

All  members voted  to correct  the  records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A. 
Exhibit B. 

DD Form 149, dated 5 Sep 96, w/atch. 
Applicant's Master Personnel Records. 

'Pane&

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