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AF | BCMR | CY1999 | BC-1998-00225
Original file (BC-1998-00225.doc) Auto-classification: Approved

                            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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