AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
SEP 2 1
ADDENDUM TO
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 96-01009 -
HEARING DESIRED: NO
c :.
RESUME OF CASE:
On 15 July 1997, the Board considered applicant's request that
his records be corrected to show that he was medically
discharged. The Board found insufficient evidence of error or
injustice and denied his request. A complete copy of the Record
of Proceedings is attached at Exhibit I.
In a letter, dated 6 August 1997, the applicant amends his
request to indicate that his discharge be upgraded to honorable.
The applicant contends he was erroneously discharged for being a
homosexual.
The applicant states that he was accused of being a homosexual;
however, he never got a chance to even know who accused him or
why. All he wants to do is to die with his honor. He is not,
and has never been a homosexual. He does not know what evidence
to send in since they had no evidence when they accused him.
The applicant's complete submission is attached at Exhibit J.
Based on applicant's amended request, the application was
reopened and an Air Force evaluation was obtained regarding this
issue.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Washington, DC, was requested to provide an
investigation file; however, on the basis of the data furnished,
they were unable to locate an arrest record.
1
AIR FORCE E VALUATION:
The Separations Branch, Directorate of Personnel Program
Management, AFPC/DPPRS, reviewed this application and states that
based on the information contained in the application and
applicant's master personnel records, they find no new evidence
to indicate the applicant's discharge was incorrect or that an
injustice occurred.
They note the discharge complies with
directives in effect at the time of his discharge. Therefore,
they recommend denial of his request.
A complete copy of the Air Force evaluation is attached at
Exhibit K.
.. >.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant and his counsel on 23 February 1998, for review and
response within 30 days.
In addition, on 7 May 1998, the
applicant was advised that in cases similar to his, documentation
pertaining to post-service activities is helpful. However, as of
this date, no response has been received by this office.
THE BOARD CO NCLUDES THAT:
1. We find 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 that applicant was not afforded all the rights to which
entitled at the time of discharge. We conclude, therefore, that
the discharge proceedings were proper and characterization of the
discharge was appropriate to the existing circumstances.
2. We also find insufficient evidence to warrant a
recommendation that the discharge be upgraded on the basis of
clemency. We have considered applicant's overall quality of
service, and the events which precipitated the discharge. Based
on the evidence of record, we cannot conclude that clemency is
warranted.
Applicant has not provided information of post-
service activities and accomplishments for us to conclude that
applicant has overcome the behavioral traits which caused the
discharge. Should applicant provide statements from community
leaders and acquaintances attesting to applizantls good character
and reputation and other evidence of successful post-service
rehabilitation, this Board will reconsider this case based on the
new evidence. We cannot, however, recommend approval based on
the current evidence of record.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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.
2
. '
-
The follow
Executive
provisions
,ing members of the Board considered this application in
Session on 2 8 April 1 9 9 8 and 1 9 August 1 9 9 8 , under the
of AFI 3 6 - 2 6 0 3 :
Mrs. Barbara A. Westgate, Panel Chair
Ms. Rita S. Looney, Member
Ms. Dorothy P. Loeb. Member
c ,.
The following documentary evidence was considered:
Exhibit I. Record of Proceedings, , datd 13 J u l 97, w/atchs.
Exhibit J. Letter, Applicant, dated 6 Aug 9 7 .
Exhibit K. Letter, AFPC/DPPRS, dated 5 Feb 98.
Exhibit L. Letter, SAF/MIBR, dated 2 3 Feb 9 8 .
Exhibit M. Letter, AFBCMR, dated 7 May 98.
Panel Chair
DEPARTMENT O F T H E A I R FORCE
H E A D Q U A R T E R S AIR FORCE P E R S O N N E L C E N T E R
R A N D O L P H A I R FORCE B A S E T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCDPPRS
550 C Street West Ste 11
Randolph AFB TX 78 150-47 13
SUBJECT: Application for Correction of Military Record
The applicant, while serving in the grade of private, was discharged from.the Army Air Corp
09 May 45 under the provisions of AR 61 5-368 (Undesirable Habits & Traits of Character) and
received a Blue discharge. He served 04 years, 09 months and 04 days total active service.
Requested Action. The applicant is requesting that his discharge be upgraded to honorable.
Basis for Request. Applicant states he was accused of being homosexual but, he never did get
a chance to even know who accused him or why. He further states he does not know what
evidence they had when they accused him. Master personnel record indicates applicant’s case
was reviewed by an Air Force Discharge Review Board (AFDRB) and his discharge was
upgraded to general effective 4 Oct 82.
Facts. A Board of Officers convened under provisions of AR 615-368 on 1 Mar 45.
Applicant, after being sworn in, testified substantially that for a time he did live with one man,
keeping house and cooking for him. He always took the active role in the sexual act and did not
like the act with other homosexuals. He did not consider one who takes the passive role as a
homosexual. After review of all the evidence the board found that the applicant had habits and
traits of character which rendered him unfit for further military service and recommended that he
be discharged. On 0 1 Mar 45, the discharge authority approved the recommendation and
directed the applicant be issued a Blue discharge because of Habits and Traits of Character which
rendered his retention in the service undesirable.
Discussion. This case has been reviewed and the discharge was consistent with the procedural
and substantive requirements of the discharge regulation and was within the sound discretion of
the discharge authority and that the applicant was provided full administrative due process. The
records indicate member’s military service was reviewed and considered and appropriate action
was taken.
Recommendation. Based on information contained in applicant’s applic tion, inform tion
contained in the applicant’s master personnel records, we find no new evidence to indicate the
applicant’s discharge, 53 years ago, was incorrect, an injustice occurred to the applicant, or that
the discharge did not comply with the discharge directive in effect at the time of his discharge.
Accordingly, we recommend applicant’s request for an upgrade of his discharge to honorable be
denied. He has not filed a timely request.
JOHN C. WOOTEN, GS-9
Military Personnel Mgmt Spec
Separations Branch
Dir of Personnel Program Management
AF | BCMR | CY2005 | BC-2005-00116
_________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that, on 31 January 1945, he was discharged with service characterized as general (under honorable conditions). Exhibit B. RICHARD A. PETERSON Panel Chair AFBCMR BC-2005-00116 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for...
ARMY | BCMR | CY2004 | 20040007323C070208
On 2 January 1946, the Board of Officers recommended that the applicant be discharged from the service under the provisions of Army Regulation 615- 369 on account of inaptness. The Board noted that the "Blue" discharge provides no characterization of service and was used because the applicant's service did not show a testimonial of honest and faithful service required for an honorable discharge. Records show the applicant should have discovered the error or injustice now under...
ARMY | BCMR | CY2003 | 2003088150C070403
This version of the regulation that came into effect 1 July 1947, the month after the applicant’s discharge, did authorize the issue of either a GD or UD for separation for unfitness (undesirable habits or traits of character). The Board notes the applicant’s contention that in order to be fair, the Board must grant him an honorable discharge based on the facts of his case being similar to case which resulted in the Board recommending an upgrade of a UD to a GD. However, the Board further...
On 3 Jan 45, the Report of Proceedings of the Board of Officers findings were that the applicant gave evidence of traits of character other than those indicating discharge for physical or mental conditions as provided for in Section II (he was unfit to associate with enlisted men). Based on information contained in applicant’s application, information contained in the Discharge Board proceedings and applicant’s master personnel records, DPPRS finds no new evidence to indicate his discharge,...
ARMY | BCMR | CY2004 | 2004100131C070208
All of the applicant’s military records are not available to the Board for review. Records show that the applicant's request for upgrade of his "blue" discharge was considered twice by Department of the Army Military Discharge Review Boards. Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time and that the type of discharge directed and the reasons for separation were appropriate considering all of the facts of this case.
ARMY | BCMR | CY2002 | 2002072219C070403
When the applicant informed Army officials that he could no longer perform his military duties he was separated with a less than honorable discharge with a poor characterization of service. The characterization of an “Under Other Than Honorable Conditions” discharge is a degradation of the “Blue Discharge” that he was issued at the time of discharge under regulations and policy that existed at that time. The applicant was required to appear before a board of officers to determine his...
ARMY | BCMR | CY2008 | 20080013340
The applicant requests that his general discharge be upgraded to an honorable discharge. The applicant provides the following additional documentary evidence in support of his application: a. WD AGO Form 53-58 (Enlisted Record and Report of Separation, General Discharge), dated 28 June 1948. b. However, the applicants WD AGO Form 53-58 shows he was separated on 28 June 1948 in accordance with Army Regulation 615-368 (Undesirable Habits or Traits of Character Discharge), by reason of...
ARMY | BCMR | CY2007 | 20070004115
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2007 DOCKET NUMBER: AR20070004115 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The records available to the Army Board for Correction of Military Records were provided in part by the applicant and from reconstructed records. On 14 August 1953, the appropriate authority approved the applicant's...
ARMY | BCMR | CY2001 | 2001059335C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2002 | 2002085638C070215
The regulation states that an individual separated under this regulation will be furnished an honorable or general discharge. The Board considered the applicant's request to change his discharge to Army Regulation 615-365 or Army Regulation 615-360. The applicant has failed to show through the evidence submitted or the evidence of record that the reason and authority for separation issued to him was in error or unjust.