RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00005
                             INDEX CODE: 110.00

        xxxxxxxxxxxxxx COUNSEL: NONE

        xxxxxxxxxxxx   HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His  discharge  was  inequitable  because  it  was  based  on  one  isolated
incident.  He was young, far away  from  home  and  made  one  mistake.   He
states that he has paid for it long enough.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 October 1955 in the  grade
of airman basic for a period of four (4) years.

On 16 April 1957, applicant  was  notified  of  his  commander's  intent  to
initiate discharge action against him because he had reason to believe  that
he was a class II homosexual.

The commander advised applicant of  his  right  to  consult  legal  counsel,
submit statements in his own behalf, waive his rights after consulting  with
counsel, and to appear before a board of officers.

The commander indicated in his recommendation for discharge action that  his
recommendation was based on information contained in the Office  of  Special
Investigation (OSI) report and the psychiatric evaluation.

On 12 June 1957, after consulting with counsel applicant  waived  his  right
to appear before a board of officers,  requested  discharge  proceedings  be
initiated without board proceedings, and tendered his  resignation  for  the
good of the service.

Applicant was discharged on 8 July 1957, in the  grade  of  airman  with  an
undersirable discharge, under the provisions of AFR 35-66  (Unsuitability  -
Homosexual).  He served a total of 3 years, 1 month and  21  days  of  total
active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Military   Personnel   Management   Specialist,   Separations   Branch,
AFPC/DPPRS,  reviewed  this  application  and  states  that  under   current
Department of Defense and Air Force guidelines,  the  applicant  would  have
received  a  discharge  characterization   of   general   (under   honorable
conditions) since his records do not indicate he  attempted,  solicited,  or
committed a homosexual  act  by  using  force,  coercion,  or  intimidation.
Therefore,  they  recommend  the  AFBCMR  direct  the  applicant’s  military
records be corrected to indicate an upgrade  of  his  discharge  to  general
(under honorable conditions).

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 March 2000, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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.     We  find  no  impropriety  in  the  characterization  of  applicant's
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the  rights  to  which  entitled  at  the  time  of  discharge.
Considered alone, we conclude the  discharge  proceedings  were  proper  and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    Consideration of this Board, however, is not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant's  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is  a  much  broader  consideration
than officials involved in the discharge were permitted,  and  our  decision
in no way discredits the validity of theirs.

5.    Under our broader mandate and after careful consideration of  all  the
facts  and  circumstances  of  applicant's  case,  we  are  persuaded   that
applicant has been  a  productive  member  of  society.   We  recognize  the
adverse impact of the discharge applicant received; and, while it  may  have
been appropriate at the time, we  believe  it  would  be  an  injustice  for
applicant to continue to suffer its  effects.   Accordingly,  we  find  that
corrective action is appropriate as a matter of equity and on the  basis  of
clemency.  Therefore, we recommend his discharge be upgraded  to  one  under
honorable conditions (General). We considered  applicant’s  request  for  an
honorable discharge; however, based on his overall record we do not  believe
that a further upgrade is warranted.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 8 July 1957,  he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 April 2000, under the provisions of AFI 36-2603:

            Mr. Wayne R. Gracie, Panel Chair
            Ms. Dorothy P. Loeb, Member
            Ms. Patricia D. Vestal, Member

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

   Exhibit A.  DD Form 149, dated 6 January 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 17 February 2000.
   Exhibit D.  Letter, SAF/MIBR, dated 17 March 2000.




                 WAYNE R. GRACIE
                 Panel Chair





AFBCMR 00-00005




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, it is directed that:

      The pertinent military records of the Department of the Air Force
relating to xxxxxxxxxxxxxxx, xxxxxxxxxxx, be corrected to show that on 8
July 1957, he was discharged with service characterized as general (under
honorable conditions).





                                                                         JOE
G. LINEBERGER

Director
                                                                         Air
Force Review Boards Agency