Search Decisions

Decision Text

AF | BCMR | CY2001 | 0002814
Original file (0002814.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  00-02814
                                        INDEX CODE 106.00
      xxxxxxxxx                         COUNSEL: No

      xxxxxxxx                               HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  1967  under-other-than-honorable-conditions   (UOTHC)   (formerly
undesirable) discharge be upgraded to honorable or general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Reports by the Air Force Office of Special Investigations (AFOSI)  are
retained for 15 years; therefore, other than the  documents  contained
in the applicant’s military personnel records, no further  information
regarding his homosexual activity is available.

The available  relevant  facts  pertaining  to  this  application  are
contained in the applicant's military records (Exhibit B) and  in  the
letter prepared by the appropriate office of the  Air  Force  (Exhibit
C).  Accordingly, there is no need  to  recite  these  facts  in  this
Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, HQ AFPC/DPPRS,  reviewed
the appeal and  provides  his  rationale  for  recommending  that  the
applicant’s discharge be upgraded to general, but not honorable.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 17
Nov 00 for review and comment 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  probable  error  or  injustice  to  warrant  partial
relief. Under current Department of Defense and Air Force  guidelines,
the applicant would have received an honorable  or  general  discharge
since  his  records  do  not  indicate  he  attempted,  solicited,  or
committed a homosexual act by using force, coercion, or  intimidation.
However, in view of his overall record,  which  includes  evidence  of
receiving an Article 15 on two occasions, we believe a general, rather
than honorable, characterization of service is appropriate. Therefore,
we agree with the Air Force’s suggested partial relief  and  recommend
the applicant's records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, on 30 March 1967, he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 January 2001, under the provisions of AFI  36-
2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Ms. Carolyn J. Watkins, Member
                  Mr. John E. Pettit, Member

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

   Exhibit A.  DD Form 149, dated 6 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 31 Oct 00.
   Exhibit D.  Letter, SAF/MIBR, dated 17 Nov 00.




                                   TERRY A. YONKERS
                                   Panel Chair



AFBCMR 00-02814




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 30 March
1967, he was discharged with service characterized as general (under
honorable conditions.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY1999 | 9800533

    Original file (9800533.doc) Auto-classification: Denied

    She has been married to an active duty Air Force member for 23 years and supported his entire career (Exhibit A). The board recommended that the applicant be discharged because of unfitness with a general discharge. The records indicated that the applicant’s military service was reviewed and appropriate action was taken.

  • AF | BCMR | CY1999 | BC-1998-00533

    Original file (BC-1998-00533.doc) Auto-classification: Denied

    She has been married to an active duty Air Force member for 23 years and supported his entire career (Exhibit A). The board recommended that the applicant be discharged because of unfitness with a general discharge. The records indicated that the applicant’s military service was reviewed and appropriate action was taken.

  • AF | BCMR | CY2001 | 0002690

    Original file (0002690.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02690 INDEX CODE 110.02 100.06 COUNSEL: No HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The narrative reason for her discharge and her reenlistment eligibility (RE) code be changed so she can reenlist. The remaining relevant facts pertaining to this application, extracted from the applicant's military records (Exhibit...

  • AF | BCMR | CY2002 | 0200166

    Original file (0200166.doc) Auto-classification: Denied

    Applicant’s grade at time of discharge was airman (Amn/E-2). The pertinent facts surrounding his discharge are contained in the Air Discharge Review Board (AFDRB) Hearing Record at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS reviewed this application and addressed the reason for the discharge. Exhibit C. AFDRB Hearing Record, dated 12 Nov 98.

  • AF | BCMR | CY2001 | 0003035

    Original file (0003035.doc) Auto-classification: Denied

    They considered the length of time since discharge, the reason for the discharge, and the applicant’s otherwise honorable service. Additionally, on 5 February 2001, the AFBCMR staff provided the applicant copies of the FBI report and the Information Bulletin, for review and response within 30 days (Exhibit E). Exhibit B.

  • AF | BCMR | CY2002 | 0103236

    Original file (0103236.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03236 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge and his 25 days of lost time be removed from his records. We therefore agree with the recommendation of the Air Force that the applicant’s discharge should be upgraded to general (under...

  • AF | BCMR | CY2000 | 0001361

    Original file (0001361.doc) Auto-classification: Denied

    Applicant submitted a written statement to the discharge authority along with two letters of support. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPAES reviewed applicant's request and states that the RE code is correct (see Exhibit C). _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant's response to the Air Force advisories states that DPPRS was incorrect in stating that...

  • AF | BCMR | CY2001 | 0102284

    Original file (0102284.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member who was discharged with a general (under honorable conditions) discharge on 7 October 1958, under the provisions of AFR 39-16 (Discharge for inaptitude or unsuitability - other reasons) and Letter, Department of the Air Force, dated 1 December 1955, “Discharge of Airmen During Their First Enlistment.” He had served 2 years and 5 months on active duty. It appears that...

  • AF | BCMR | CY2001 | 0002643

    Original file (0002643.doc) Auto-classification: Approved

    If there had been a properly updated selection record showing him as a graduate of in-residence SSS, that record would have had sufficient time to be scored or re-scored by the board. Applicant's Officer Selection Brief (OSB) did not reflect his completion of Senior Service School (SSS) at the time he was considered for promotion by the CY00A selection board. Therefore, we recommend his corrected record be considered by Special Selection Board for the CY00A board.

  • AF | BCMR | CY1999 | BC-1998-00225

    Original file (BC-1998-00225.doc) Auto-classification: Approved

    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. Applicant's complete response, with attachments, is attached at Exhibit E. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION The Dir of Personnel...