RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00818
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1968 general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The records are unjust because nothing was ever proven.   He  has  two
honorable discharges and one general discharge.  During his Air  Force
career, he always performed his duties in an excellent manner  and  he
usually worked directly with colonels.  He also volunteered to  go  to
Vietnam.

Other than the DD Form 293, Application for the Review of Discharge or
Dismissal from the Armed Forces of the United  States,  no  supporting
documents were submitted (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 20 Aug 59 in the grade of airman basic (E-1)  for  a  period  of  4
years.  He was honorably discharged in the grade of airman first class
(E-4) on 19 Aug 63 and immediately reenlisted  on  20  Aug  63  for  a
period of 4 years.  The applicant  was  honorably  discharged  in  the
grade of staff sergeant (E-5) on 19 Aug  67  and  on  20  Aug  67,  he
reenlisted for a period of 4 years.

On 21 Oct 68, applicant was notified he  was  being  recommended   for
discharge by his squadron commander based upon receipt of  information
that there was  reason  to  believe  the  applicant  fell  within  the
category of a Class III homosexual as  defined  in  AFM  39-12;  i.e.,
associated with known  homosexuals  and  frequented  known  homosexual
establishments.  On 25 Oct 68, applicant indicated he  consulted  with
counsel and elected  to  waive  his  right  to  a  hearing  before  an
administrative discharge board and that he  would  not  be  submitting
statements in his own behalf.  On 31 Oct 68, the  discharge  authority
approved the recommendation for discharge and directed  the  applicant
be furnished a general discharge  certificate.   On  17  Nov  68,  the
applicant was discharged in the grade of E-5 under the  provisions  of
AFM 39-12  (unsuitability  -  homosexual  class  III)  with  an  under
honorable conditions (general) discharge.  He had completed a total of
9 years, 2 months and 28  days  of  active  service  at  the  time  of
discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV,  indicated on 17 Aug 99, that, on the  basis  of  data
furnished, they are unable to locate an arrest record.
_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, stated that this case has  been
reviewed  for  separation  processing  and  there  are  no  errors  or
irregularities causing an injustice to the applicant.   The  discharge
complies with directives in effect at the time of his discharge.   The
records indicate the applicant’s military  service  was  reviewed  and
appropriate action was taken.  The  applicant  did  not  identify  any
specific  errors  in  the  discharge  processing  nor  provide   facts
warranting an upgrade of the  discharge  he  received  31  years  ago.
Accordingly, DPPRS  recommended  the  applicant’s  request  be  denied
(Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he  has
tried many times over the years to get his discharge upgraded.   After
31 years, attitudes have changed.  He does not feel that just  because
he had a friend who was gay, black, Jewish, etc., that it should be  a
bad reflection on him.

In support of his request, the applicant provided a personal statement
concerning his post-service activities, with attachments.

Applicant’s complete submission is appended at Exhibit E.
_________________________________________________________________

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.  Although there  appears  to
be no error in the discharge proceedings  and  the  discharge  was  in
compliance with the separation directives in effect at the time of the
applicant’s separation, we note  that  under  today’s  standards,  the
governing  guidelines   regarding   discharge   characterization   for
homosexuality have become less stringent.  In view of our awareness of
this disparity and in recognition of the quality  of  the  applicant’s
service, we believe his discharge should 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 17  November  1968,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 September 1999, under the provisions of AFI 36-
2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Vaughn E. Schlunz, Member
              Mr. Steven a. Shaw, Member

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

   Exhibit A.  DD Form 149, dated 23 Mar 99, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 May 99.
   Exhibit D.  Letter, SAF/MIBR, dated 7 Jun 99.
   Exhibit E.  Letters from applicant, dated 22 Jun 99 and
                   28 Jul 99, w/atchs.




                                   BARBARA A. WESTGATE
                                   Panel Chair



AFBCMR 99-00818



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  17  November
1968, he was honorably discharged and furnished an Honorable Discharge
certificate.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency