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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