RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00225
INDEX CODE: 110.00
COUNSEL: VETERANS SVS OFFICER
HEARING DESIRED: No
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be changed to
general (under honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not have proper legal counsel. Also, since 1964, the laws have
changed to where the discharge would be an automatic general (under
honorable conditions) or honorable.
In support of the appeal, applicant submits a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge, and a
personal statement.
Applicant's complete submission is attached at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 19 July 1960 for a period of
four years in the grade of A3C. He reenlisted on 30 November 1963 for a
period of four years in the grade of A1C.
APR profile since 1961 reflects the following:
PERIOD ENDING EVALUATION OF POTENTIAL
18 Jul 61 An exceptional airman of great
value to the service. Promote
along with airmen of similar
service and experience.
18 Jul 62 An excellent airman. Performing
well in present grade. Should
be considered for promotion along
with contemporaries.
22 Nov 62 An excellent airman. Performing
well in present grade. Should
be considered for promotion along
with contemporaries.
Applicant was discharged on 24 June 1964 in the grade of A3C with a UOTHC
discharge in accordance with AFR 39-17, Unfitness (Homosexual, Waiver of
Board). He served a total of 3 years, 11 months and 6 days of total active
service.
________________________________________________________________
AIR FORCE EVALUATION:
The Dir of Personnel Program Management, AFPC/DPPRS, reviewed this
application and states that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation, was
within the discretion of the discharge authority and the applicant was
provided full administrative due process. The records indicate the
member’s military service was reviewed and appropriate action was taken.
Applicant did not submit evidence or identify any errors in the discharge
processing nor provide facts which warrant an upgrade of the discharge he
received over 33 years ago. Accordingly, they recommend applicant's
request be denied.
A complete copy of the evaluation is attached at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinions and states please note the
following court cases that he believes affect his case. The White cases
shows erroneous legal advice, and in his case he did in fact receive
erroneous legal advice.
Applicant's complete response, with attachments, is attached at Exhibit E.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION
The Dir of Personnel Program Management, AFPC/DPPRS, reviewed this
application and states that AFI 32-3208, paragraph 5-37.3 states
“Characterize as under other than honorable conditions only if it is found
that during the current term of service the airman attempted, solicited, or
committed a homosexual act: by using force, coercion, or intimidation,
etc.” Applicant’s discharge case does not contain the Report of
Investigation from AFOSI which would give the level of activity in the
applicant’s
case. The only information available is on his discharge physical which
indicates that he admitted to being a homosexual since the age of 15.
Therefore, they would have no objection to an upgrade of his discharge to
under honorable conditions (general) or honorable discharge due to
insufficient evidence.
A complete copy of the evaluation is attached at Exhibit F.
________________________________________________________________
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 error or injustice. We find no impropriety in the
characterization of applicant’s discharge at the time of his separation.
However, after reviewing the available documentation indicating he admitted
to being a homosexual since age 15 and in view of today’s standards, we
believe the type of discharge he received was unduly harsh. In view of the
above, we recommend his discharge be upgraded to honorable.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 24 June 1964, he was honorably
discharged and furnished an honorable discharge certificate.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 26 January 1999 under the provisions of AFI 36-2603:
Ms. Rita S. Looney, Panel Chair
Mr. Terry A. Yonkers, Member
Ms. Patricia D. Vestal, Member
Ms. Gloria J. Williams, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 January 1998, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 26 February 1998.
Exhibit D. Letter, AFBCMR, dated 9 March 1998.
Exhibit E. Applicant’s Response, dated 7 April 1998.
Exhibit F. Letter, AFPC/DPPRS, dated 4 December 1998.
RITA S. LOONEY
Panel Chair
AFBCMR 98-00225
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:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on 24 June 1964,
he was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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