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AF | BCMR | CY1998 | 9700691
Original file (9700691.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-00691 
COUNSEL:  NONE 

HEARING DESIRED:  YES 

2 4  JUL 1998 

APPLICANT REQUESTS THAT: 
His under other  than honorable  conditions discharge  (UOTHC)  be 
upgraded to honorable or general. 

APPLICANT CONTENDS THAT: 

His overall military service was not fully considered. 
The  nature  of  his  separation  was  too  harsh  for  the  offense 
committed. 
In support of his appeal, the applicant provided a  copy of his 
DD Form 214, Armed Forces of the United States Report of Transfer 
or Discharge.  (Exhibit A). 

Pursuant  to  the  Board's  request,  the  applicant  provided 
additional documentation, which is attached at Exhibit C. 
Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation, Washington, D.C., indicated on the  basis  of  the 
data furnished they were unable to locate an arrest record. 

STATEMENT OF FACTS: 

Available documentation indicates that  the applicant enlisted 
in the Regular Air Force on 11 May 55. 
A  Report  of  Medical  Examination, dated  27  Sep  56, reflects 
that  the applicant was a passi 
*  cipant in a  homosexual 
However ,  the 
episode  on  one  occasion  at 
applicant denied that he had homosexual tendencies. 
On 3  Nov 56, the applicant was discharged under the provisions 
of AFR  35-66  (Homosexual Tendencies -  Class 11) and furnished 
a UOTHC discharge.  He was credited with 1 year, 5 months, and 

AFB . 

* , 

23  days  of  active  service  for  his  current  enlistment  and 
4 years,  5  months,  and  23  days  of  total  active  military 
service. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
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.  After  careful 
consideration of  applicant's request and the available evidence 
of record, we find no evidence that the applicant's discharge was 
improper  or  contrary  to  the  prevailing  regulation.  However , 
after  considering  the  facts  and  circumstances  leading  to  the 
applicant's  separation  and  in  view  of  the  fact  that,  under 
current  standards,  the  applicant  would  most  likely  have  been 
discharged  with  service  characterized,  at  the  least,  under 
honorable  conditions, we  believe  that  clemency  is warranted  in 
this case.  We therefore recommend that his records be corrected 
to  show he  was  received a general  (under honorable conditions) 
service characterization. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that, on 3  Nov 56,  he 
was  discharged  with  service  characterized  as  general  (under 
honorable conditions). 

The following members of the Board considered this application in 
Executive Session on 9 Jun 9 8 ,   under the provisions of AFI  3 6 -  
2603 : 

Mr. David C. Van Gasbeck, Panel Chair 
Mr. Richard A. Peterson, Member 
Mr. Kenneth L. Reinertson, Member 

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

Exhibit A.  DD Form 1 4 9 ,   dated 24  Feb 97, w/atch. 

2 

AFBCMR 97-00691 

Exhibit B. 
Exhibit  C. 

Applicant’s Master Personnel Records. 
Letter, applicant, dated 20 May 98,w/atchs. 

( B U L U f C .   VAN GASBECK 
Panel Chair 

3 

AFBCMR  97-00691 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-0069 1 

2 4  JUL  1998 

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: 

epartment of the Air Force relating 
orrected to show that, on 3 Nov 56, 

eneral (under honorable conditions). 

I/ Director 

Air Force Review 



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