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.
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