RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01160
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
general (under honorable conditions) or honorable.
APPLICANT CONTENDS THAT:
He is not nor has he ever been a homosexual. He states that he was falsely
accused.
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 3 April 1956 in the grade of
airman basic for a period of 4 years.
On 13 April 1959, applicant’s commander recommended he be involuntarily
discharged for homosexuality. Reasons for the commander’s recommendation
was that the applicant made a signed statement to the Air Force Office of
Special Investigations (OSI) indicating his homosexual involvement with
another male member. The commander advised the applicant he had a right to
consult counsel and appear before a Board of Officers or submit written
statements in his own behalf. Applicant indicated that counsel had been
afforded him and that he elected to waive an appearance before a Board of
Officers. He did, however, submit a statement requesting that his
discharge be given under honorable conditions since he planned to return to
school to become a minister after discharge.
On 24 July 1959, the discharge authority approved the recommendation for
discharge for unfitness and directed the applicant be issued an undesirable
discharge certificate.
On 14 August 1959, he was discharged in the grade of airman second class,
under the provisions of AFR 39-17 (Unfitness - Homosexual), receiving an
under other than honorable conditions (UOTHC) discharge. He had completed
3 years, 4 months and 12 days of total active military service.
Pursuant to the Board’s request, the Federal Bureau of investigation,
Washington, D.C., indicated on the basis of the data furnished they were
unable to locate an arrest record (Exhibit E).
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management, HQ AFPC/DPPRS, reviewed
this application and states that the case has been reviewed and the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation. The applicant was provided full
administrative due process and the records indicate member’s military
service was reviewed and appropriate action was taken. The applicant did
not submit any new evidence or identify any errors or injustices that
occurred in the discharge processing. The applicant provided no facts
warranting an upgrade of the discharge he received. Accordingly, they
recommend denial of applicant's request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 September 1999, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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. Insufficient relevant has been presented to demonstrate the existence
of probable error or injustice. After reviewing the evidence of record, we
are not persuaded that the applicant has been the victim of either an error
or injustice. Applicant states that he was falsely accused; however, the
evidence before this Board reveals that he provided a statement indicating
his involvement with another airman. In view of the above determination,
we are in agreement with the comments and recommendation of the Air Force.
Therefore, in the absence of evidence to the contrary, we find no basis
upon which to recommend favorable action on this application.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
The following members of the Board considered this application in Executive
Session on 3 February 2000, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. E. David Hoard, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 April 1999.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 17 August 1999.
Exhibit D. Letter, SAF/MIBR, dated 3 September 1999.
David C. Van Gasbeck
Panel Chair
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