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AF | BCMR | CY1999 | 9900062
Original file (9900062.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  99-00062
                                        INDEX CODE 106.00
                                        COUNSEL: No

                                             HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

That  his  1954  under-other-than-honorable  conditions  (UOTHC),   or
undesirable, discharge be  upgraded  to  honorable  and  his  name  be
changed to “          .”

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.
All that is available is  a  copy  of  his  Selective  Service  System
Registration Card and a partial roster indicating he was given a UOTHC
discharge  (Homosexual)  on  7 August  1954.  Therefore,   the   facts
surrounding his service in and separation from the Air Force cannot be
verified.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, HQ AFPC/DPPRS,  reviewed
this appeal and provides  his  rationale  for  recommending  that  the
applicant’s request for an upgraded discharge be denied. Attached is a
letter from the Records Procedures Branch, HQ AFPC/DPSRP, advising the
applicant why his name would not be changed administratively.

A complete copy of the evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 26
July 1999 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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  to  warrant  partial
relief. The records pertaining  to  the  applicant’s  conduct  in  and
discharge  from  the  service  apparently  are  no  longer  available.
Therefore, we do not know  the  circumstances  of  his  discharge  for
homosexuality.  Applying today’s standards, the mere fact of  being  a
homosexual normally would  not  result  in  an  undesirable  or  UOTHC
discharge. While we cannot determine whether he  committed  homosexual
acts or was merely known, or presumed, to be  homosexual,  we  believe
any doubt should be resolved in his favor and his discharge should  be
upgraded to honorable. However, the applicant’s request  to  have  his
name changed was not favorably considered. The name on  his  Selective
Service System Registration  Card  and  those  few  surviving  records
pertaining to his time in the service reflect the name  of  “P.”   The
applicant has not provided any evidence to  show  that  his  name  was
changed during his enlistment or was recorded in error. Therefore,  we
find no basis for granting this portion of the applicant’s appeal.  In
view of the foregoing, his records should be corrected to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 7 August  1954,  he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 October 1999, under the provisions of AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. Joseph A. Roj, Member
                  Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149s, dated 2 & 5 Apr 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 15 Jun 99, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 26 July 99.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair



AFBCMR 99-00062




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                                   be corrected to
show that on 7 August 1954, he was honorably discharged and furnished
an Honorable Discharge certificate.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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