RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00533
            INDEX CODE:  A57.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

An  administrative  review  board  determined  that  she  engaged   in
homosexual  activity.   The  Board  made   the   decision   based   on
circumstantial evidence.  She has never engaged in said activity.  She
has been married to an active duty Air Force member for  23 years  and
supported his entire career (Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 Aug 74.

On 26 Feb 75, the  applicant  received  nonjudicial  punishment  under
Article 15 for violating a lawful general regulation by permitting  an
unauthorized person  to  remain  in  the  barracks.   She  received  a
suspended reduction from the grade of airman to airman.

Applicant’s military personnel records reflect that, on 11 Mar 75, the
applicant’s commander notified the applicant that  he  was  initiating
action against her with a view of effecting her discharge.  The reason
for  his  proposed  action  was  that  she  had,  during  her  current
enlistment, engaged in homosexual acts and  had  exhibited  homosexual
tendencies in that:  in Nov 74, she kissed and embraced D---  M.  P---
while both of them were in bed together alone in the applicant’s room;
on a date unknown, while sitting on a bed during a party, she kissed D-
-- M. P---; and she corresponded with and retained a letter written to
her by D--- M. P--- in which she stated her love  for  the  applicant,
admitted to sleeping with the her, and addressed her as  “Mrs.  P---,”
“My Darling Wife,” and “K--- M. P---.”

On 17  Apr  75,  the  applicant’s  commander  amended  his  letter  of
notification to add the following reasons:  on or about 11 Oct 74, the
applicant participated in  homosexual  acts  with  D---  M.  P---;  on
various occasions, displayed affection toward D---- M. P--- by holding
her hand in the  barrack  halls,  remaining  overnight  in  her  room,
placing her arms around her, and kissing her within the ladies room of
the Pizzaria; on or about 15 Nov 74, kissed D--- M. P--- while in  the
squadron day room; on numerous occasions, participated  in  homosexual
acts with D--- M. P--- and habitually associating with D---  M.  P---,
knowing her to be a homosexual; and writing letters to  D---  M.  P---
expressing her love for her, a desire to do anything to be  with  her,
and wanting her and no one else.

On 23 Apr 75, the  applicant  received  nonjudicial  punishment  under
Article 15 for violating a lawful  general  regulation  by  possessing
dangerous drugs (Empirin, Nodular, and Seconal).  She was reduced from
the grade of airman to airman basic.

On 29 Apr 75, a Board of Officers convened to consider the applicant’s
discharge case.  The board found that the applicant committed acts  of
sexual perversion and exhibited homosexual tendencies to wit:  in  Nov
74, she kissed and embraced D--- M.  P—while  in  bed  together;  and,
corresponded with and retained  a  letter  written  by  D---  M.  P---
substantiating homosexual tendencies.  The board recommended that  the
applicant be discharged because of unfitness with a general discharge.

On 16 Jun 75, the applicant was discharged under the provisions of AFM
39-12  (Unfitness-Homosexual   Acts-Board   Hearing),   with   service
characterized as under honorable conditions (general).  She had served
10 months and 11 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Programs  and  Procedures  Branch,  AFPC/DPPRS,   reviewed   this
application and recommended denial.  According to DPPRS, the case  was
reviewed for  separation  processing  and  there  were  no  errors  or
irregularities causing an injustice to the applicant.   The  discharge
complied  with,  and  was  conducted  according  to  AFM  39-12,   the
appropriate directive in effect at the time  of  her  discharge.   The
records indicated that the applicant’s military service  was  reviewed
and appropriate action was taken.  She did not identify  any  specific
errors in the discharge processing nor provided facts which  warranted
an upgrade of the discharge she received.

A complete copy of the DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  30
Mar 98 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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.

Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  There is no  indication  in
the evidence provided that the applicant’s discharge was  improper  or
contrary to the provisions of the discharge directive under  which  it
was  effected.   Furthermore,  due  to  the  lack   of   documentation
concerning her activities  since  leaving  the  service,  we  are  not
inclined to recommend upgrading her discharge  based  on  clemency  at
this time.  Therefore, in the absence of evidence that the applicant's
substantial rights were violated, that the  information  contained  in
the discharge case file was erroneous, or that  her  superiors  abused
their discretionary authority, we find no basis to  act  favorably  on
the applicant’s request  for  upgrade  of  her  general  discharge  to
honorable.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 Apr 99, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Mike Novel, Member
      Mr. James R. Lonon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Mar 98, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Mar 98.
    Exhibit D.  Letter, SAF/MIBR, dated 30 Mar 98.




                                   TERRY A. YONKERS
                                   Panel Chair