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AF | BCMR | CY1998 | 9801909
Original file (9801909.pdf) Auto-classification: Denied
A I R   FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD O F   FROCEEDINGS 

IN THE* MATTER OF: 

3OCKET NUMBER:  98-01909 

ZZ'JTJSEL :  NONE 

HEARING DESIRED:  NO 

Applicant  requests  that  his  general  (under honorable  condi t i-ons) 
discharge  be  upgraded  to honorable.  Applicant's  submission  is at 
Exhibit A. 

The appropriate Air  Force office evaluated  applicant-'s request  and 
provided  an  advisory  opinion  T O   the  Board  rezommending  the 
application  be  deniea  (Exhibit  1L.  The  advisory  opinion  was 
forwardea  to  the  applicant  for  review  and  response  (Exhibit D). 
As of this date, no response has been received by  tktis  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  opiriion  appear to kle  based  on  the 
evidence  of  record  dnd  have  not  been  rebutted  by  applicant. 
Absent  persuasive  evidence  applicant  was  denied  rights  to  which 
entitled, 
or 
appropriate  standards  were  not  applied,  we  fina  no  basis  to 
disturb the existing record. 

regulations  were 

appropriate 

not 

foiiowed, 

Accordinqly, applicant's request  is denied. 

The  Board  staff  J S  directed  to  inform applicant  of  t h i s   decision. 
Applicant  should also be  informed  tnat  this  decisicn  is f i n a - ~  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. Rita S. Looney, Mr. Terry A.  Yonkers, and 
Ms.  Patricia  D.  Vestal  considered  this  application  on  26  January 
1999, in  accordance  with  the  provisions  of  Air  Force  Instruction 
36-2603, and the governing statute, 10, U.S.C. 1552. 

Panel Chair 

I /  

Exhibits : 

Available Master  Personnel  Records 

A.  Applicant's DD Form 149 
€3. 
C.  Advisory Opinion 
D.  AFBCMR  L t r   Forwarding Advisory Opinion 

DEPATjTf,:!  r!-T  O F   T H E   A I K   F O R C E  

H E A D Q U A R T E R S  ALF?  F O R C E   P E R S O : . X C L   C E N T E R  

R A N D O L P j t   A I R   F O R C E   B A S E  T E X A S  

AUG  2  17338 

hlEhlORANDUhl FOR AF‘BCMR 

FROM  HQ AFPC/DPPRS 

550 C  Street West  Ste 1 1  
Randolph AFB TX  78 1 SO-47 13 

The applicant, while serving in the grade of airman, was discharged from the Air Force 23 Mar 

77 under the provisions  of AFh4 39-12 (Unfitness) and received  an under honorable conditions 
(general) discharge  He served 01 year, 03 months and  14 days total active service. 

Requested Action.  The applicant is requesting that his discharge be upgraded to-honorable 

Basis for Request.  Applicant  states discharge under the same situation are now honorable 

discharge.  He also states his military record  states that he w7as  an honor grad from basic training 
and accomplished  his duties to the best of his abilities 

Facts  On 23 Dec 76, action was initiated to separated applicant under AFM 39-12 for sexual 
perversion  After notification of the action from his commander and consultation with a military 
legal counsel, applicant submitted a waiver of administrative discharge board hearing conditional 
upon his receiving a general discharge  The waiver was rejected by the convening authority and a 
board was held on 08 Feb 77  The basis for this action was the applicant’s alleged sexual 
perversion in the form of homosexual acts committed with one military and two civilian 
individuals  Applicant appeared with counsel and evidence received for the government  included 
a written confession of the applicant, which admitted  homosexual activities prior to his entering 
the Air Force.  He hrther admitted that  since Apr 76 he committed consensual homosexual acts 
with three individuals  The board found applicant elisible for discharge and recommended  his 
separation with a discharge under other than honorable conditions  The case was reviewed for 
legal sufficiency and processed through channel to the general court martial and discharge 
authority who, on  15 Mar 77, approved the Board’s recommendation  for discharge but, directed 
that the applicant be issued an under honorable conditions (general) discharge certificate 

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 appropriate action was taken.  The 
character of discharge given in his case is the same as currently’iiven  to airmen with the same or 
similar type homosexual activities. 

Recommendation.  Applicant  did not  submit any new evidence or identi@ any errors in the 
discharge processing nor provide facts which warrant an upgrade of the discharge he received 
over 21 years ago.  Accordingly, we recommend  applicant's request be denied.  He has not filed 
a timely request. 

3OHN C. WOOTEN, DAF 
Military Personnel Mgmt  Spec 
Separations Branch 
Dir of Personnel Program Management 

n  ' 



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