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AF | BCMR | CY1998 | 9601009
Original file (9601009.pdf) Auto-classification: Denied
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 



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