RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01778
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge  be  changed  to
general, under honorable conditions, and the reason  for  separation
be changed to “mental stress.”

APPLICANT CONTENDS THAT:

He had five years of active service without incident.  When  he  had
marriage  problems,  he  went  absent  without  leave   (AWOL)   but
voluntarily turned himself in.  He  was  not  discharged  for  doing
anything but for saying he was gay and he only did that to get  away
from the name calling and death threats he  received  while  in  the
guardhouse.

Applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

On 25 Mar 61, the applicant enlisted in the United States Army for a
period of three years in the grade of airman basic.

On 24 Mar 64, applicant was  discharged  from  the  Army  under  the
provisions  of  Army  Regulation  635-200  (Expiration  of  Term  of
Service) with an honorable characterization of service in the  grade
of private first class.  He was credited with 3 years of service.

On 27 Sep 65, applicant enlisted in the  Regular  Air  Force  for  a
period of four years in the grade of airman second class.

Applicant’s master personnel record does not contain  the  discharge
case file; however, his record does indicate that, on 12 Oct 66,  he
received a Special Court-Martial in violation of Article 86, Uniform
Code of Military Justice (UCMJ), in that, on  or  about  16 May  66,
without proper authority, he absented himself from his  organization
and remained absent until 29 Aug 66.  He was reduced from the  grade
of airman second class to the grade of  airman  basic,  confined  to
hard labor for six months, and  forfeited  $59.   The  sentence  was
adjudged on 27 Sep 66 and approved on 12 Oct 66.

A Report of Medical Examination,  dated  7 Nov  66,  from  the  base
hospital indicates applicant admitted to being  a  homosexual.   The
medical report further indicates that he  talked  freely  throughout
the interview and there was no evidence of undue signs of anxiety or
depression.   His  diagnosis  was  recorded  as  sexual   deviation,
homosexuality, overt.

On 16 Dec 66, applicant was discharged under the provisions  of  AFM
39-12 (Unfitness – Homosexual) with an under  other  than  honorable
conditions (undesirable) discharge in the grade of airman basic.  He
was credited with 5 years, 2 months, and 22 days of active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Clarksburg, West Virginia, provided an  investigative  report
indicating they were unable to identify with an arrest record on the
basis of information furnished (see Exhibit C).

AIR FORCE EVALUATION:

The Military Personnel Management Specialist,  AFPC/DPPRS,  reviewed
this application and indicated that  while  the  applicant  did  not
identify any specific errors  in  the  discharge  processing,  under
current Department of Defense (DOD) and  Air  Force  guidelines,  he
would have received a discharge characterization of under  honorable
conditions  (general)  unless  the  case  indicated  he   attempted,
solicited, or committed a homosexual act by using  force,  coercion,
or intimidation.  His record does not  reflect  that  any  of  these
offenses occurred.  If a check of the  FBI  files  proves  negative,
DPPRS recommends  the  discharge  be  upgraded  to  under  honorable
conditions (general).  His narrative reason  for  separation  should
not be changed based on documented information in the file.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  applicant  on
29 Oct 99 for review and response.  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.    Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice warranting  upgrade  of
applicant’s discharge.  As stated by the Air  Force,  we  note  that
under today’s standards, the applicant,  in  all  likelihood,  would
have received no less than a general discharge.   Therefore,  in  an
effort to offset a possibility of an  injustice,  we  recommend  his
records be corrected to the extent indicated below.  However,  based
on documented information in applicant’s file, we find no basis  for
recommending the reason for his separation be changed.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to show that on  16 Dec  66,  he
was  discharged  with  service  characterized  as   general   (under
honorable conditions).

The following members of the Board considered  this  application  in
Executive Session on 26 July 2000, under the provisions of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. Gregory H. Petkoff, Member
              Mr. Edward H. Parker, Member

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

     Exhibit A.  DD Form 149, dated 20 Jul 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 16 Dec 99.
     Exhibit D.  Letter, AFPC/DPPRS, dated 7 Oct 99.
     Exhibit E.  Letter, AFBCMR, dated 29 Oct 99.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair


AFBCMR 99-01778




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  16 December  1966,
he was discharged  with  service  characterized  as  general  (under
honorable conditions).







                                                           JOE    G.
LINEBERGER
                                                         Director
                                                          Air  Force
Review Boards Agency