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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