AIR FORCE BOARD FOR CORRECTION OF MILITAR
RECORD OF PROCEEDINGS
F@3YS7999
IN THE MATTER OF:
DOCKET NUMBER: 9 6 - 0 3 3 3 0
COUNSEL: NONE
HEARING DESIRED: NO
His undesirable discharge be upgraded to general.
APPLICANT CONTENDS THAT:
After having been out drinking one night, he went to his room and
lay down on his bunk. It was during this time, that he realized
that an officer (lieutenant) was performing oral sex on him. He
then put him out of his room. Later the Office of Special
Investigations (OSI) interviewed him and the officer, at which
time the officer admitted that he had sex with him. As a result,
he was court-martialed and discharged from the service.
Since that time, he has led a very straightforward life, and he
is well-respected by his peers in the community in which he
lives.
In support of his appeal, the applicant provided copies of his
DD Form 214 and discharge certificate, and several supportive
statements.
Applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
Applicant's military personnel records were not available.
Therefore, the facts surrounding the applicant's separation from
the Air Force cannot be verified.
Documentation provided by the applicant reflects that, on
20 Mar 56, he was discharged under the provisions of AFR 3 5 - 6 6
with an undesirable discharge.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI) , Washington, D.C., provided an investigative
report which is attached at Exhibit B.
AIR FORCE EVALUATION:
The Programs and Procedures Branch, AFPC/DPPRP , reviewed this
application and indicated that, in the absence of available
records, they could not make a recommendation on this application
(Exhibit C) .
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
17 Feb 97 for review and response. As of this date, no response
has been received by this office (Exhibit D).
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. Sufficient relevant evidence has been presented to
demonstrate the existence of probable injustice. No evidence has
been presented which would lead us to believe that the
applicant's discharge was improper or contrary to the directive
under which it was effected. Nevertheless, in view of the
passage of time and the post-service documentation provided by
the applicant, we believe the continued stigma of an undesirable
discharge is unduly harsh and no longer serves any useful
purpose. Therefore, we are of the opinion that upgrading the
applicant's discharge to general, based on clemency, would be
appropriate. Accordingly, we recommend that the applicant's
undesirable discharge be upgraded to general.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 20 Mar 56, he
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AFBCMR 96-03330
*
was discharged with service characterized as general (under
honorable conditions).
The following members of the Board considered this application in
Executive Session on 3 Nov 98, under the provisions of AFI 36-
2603 :
Ms. Rita S . Looney, Panel Chair
Mr. Steven A. Shaw, Member
Mr. Patrick R. Wheeler, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Nov 96, w/atchs.
Exhibit B. FBI Report.
Exhibit C. Letter, AFPC/DPPRP, dated 3 Feb 97.
Exhibit D. Letter, SAF/MIBR, dated 17 Feb 97. n
Panel Chair
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3
AFBCMR 96-03330
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Office of the Assistant Secretary
AFBCMR 96-03330
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
FEB 1 2 M g
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:
ent of the Air Force relating
corrected to show that on 20
under honorable conditions).
Director
Air Force Review Boards Agency
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