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AF | BCMR | CY1998 | 9800815
Original file (9800815.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

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IN THE MATTER OF: 

DOCKET NO:  98-00815 

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HEARING DESIRED:  NO 

Applicant requests that his 
general.  Applicant's submission is at Exhibit A. 

undesirable discharge be upgraded to 

The  appropriate  Air  Force  office  evaluated  applicant's  request 
and  provided  an advisory  opinion to  the  Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to counsel for review and response  (Exhibit D).  As of 
this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record,  we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence of record and have not been rebutted by counsel.  Absent 
persuasive  evidence  applicant  was  denied  rights  to  which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon  the presentation  of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the  Board,  Ms.  Charlene  M.  Bradley,  Mr.  Terry  A. 
Yonkers, and Mr. Joseph G. Diamond considered this application on 
10 November 1998, in accordance with the provisions of Air  Force 
Instruction 36-2603, and the governing statute, 10 U.S.C. 1552, 

CHARLENE M. BRADLEY  / 
Panel Chair 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS  AIR  FORCE P E R S O N N E L  CENTER 

RANDOLPH AIR  FORCE  BASE TEXAS 

JUL  3  0  7998 

MEMORANDUM FOR AFBCMR 
FROM: HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

The applicant, while serving in the grade of airman first class, was discharged fiom the Air 

Force 24 Oct 55 under the provisions of AFR 35-66 (Admitted Homosexual) with an undesirable 
discharge. He served 03 years 03 months 11 days total active service. 

Requested Action.  The applicant is requesting an upgrade of his character of discharge to 

general.  He claims he was inappropriately issued an undesirable discharge stating that the others 
involved were not subordinate to him.. 

Facts.  The applicant’s commander recommended involuntary discharge be taken against the 

applicant for admitted homosexuality.  In a medical certificate dated 20 Sep 55, the medical 
facility reported the applicant freely admitted that he had about 12 episodes of homosexual 
behavior during Jun and Jul of 1954. In addition, he did have homosexual behavior prior to his 
military service.  On 11 Oct 55, applicant submitted an application for discharge under AFR 35-66 
(Homosexuality) and indicated in his application that he understood that he was entitled to an 
impartial hearing by a board of officer; call witnesses in his own behalf.  Applicant waived his 
entitlement to appear before the board and requested discharge without benefit of a board 
proceeding.  He fbrther indicate that he understood that if his request to separate was approved 
his separation may be under conditions other than honorable and that he may receive an 
undesirable discharge.  Legal counsel was made available to him.  The case was processed to the 
discharge authority and on 17 Oct 55 the discharge authority directed the applicant be discharge 
with an undesirable discharge. 

Discussion.  This case has been reviewed for separation processing and there are no errors or 

irregularities causing an injustice to the applicant.  The discharge complies with directives in effect 
at the time of his discharge.  The character of the discharge was appropriate as supported by the 
evidence of record.  Applicant admitted to having homosexual acts with at least two subordinate 
airmen in the grade of A3C (E-2) of which one was age 19 and the other was age 18 and the 
applicant was an A1C (E-4) that was 23 years of age. 

Recommendation.  Applicant did not submit any new evidence or identifjl any error in the 

discharge processing nor provide facts which warrant an upgrade of the discharge he received 
over 40 years ago. He has not filed a timely request. 

JOHN C. WOOTEN, DAF 
Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management 



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