RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03196
                             INDEX CODE:  110.00

                             COUNSEL: NONE

                             HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He did nothing wrong other than come to the  realization  that  God  created
him a homosexual and he could not share that.  If he  did  something  wrong,
it was when he told his doctor.

In support of his request, he  submits  a  character  reference  letter  and
other documentation.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 October 1964 in the  grade
of airman basic for a period of 4 years.

On 16 February 1966, applicant was notified of  his  commander's  intent  to
initiate discharge action against him because there was  reason  to  believe
that applicant was a class II  homosexual.   The  commander  recommended  an
under honorable conditions (general) discharge.

The commander advised him that he had a right to consult legal counsel,  the
right to present his case  before  an  administrative  discharge  board,  to
submit  statements  in  his  own  behalf  or  to  waive  his  rights  to  an
administrative discharge board.

On 24 September 1962, applicant consulted counsel, waived  his  right  to  a
Board hearing, and did not submit a statement in his own behalf.


The discharge authority approved an undesirable discharge.

Applicant was discharged on 7 March 1966, in the grade of A3C with  a  UOTHC
discharge, under the provisions of AFR 39-17 (Unfitness).   He  completed  1
year, 4 months and 8 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

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

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 February 2001, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within  thirty  (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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record, we find no impropriety in the  characterization  of  the
applicant’s discharge at the time of his  separation.   However,  the  Board
majority finds that the applicant’s sexual orientation appears to have  been
established as early as 11 to 12 years of age.  It appears he  had  numerous
homosexual encounters prior to his enlistment in 1964 and  clearly  did  not
meet the standards for induction.  Moreover, it appears that the actions  of
the applicant occurred off-base, between consenting adults  and  there  were
no aggravating factors.  Thus, the majority of the Board believes  that  had
the applicant been discharged today, he most likely would have  received  an
honorable discharge.  In view of this  and  since  he  has  lived  with  the
stigma of an undesirable discharge for over 35 years with all  its  negative
impact upon gainful  employment,  the  Board  majority  recommends  that  he
receive an honorable discharge as a matter of clemency.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 7 March 1966, he was honorably
discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 19 April 2001, under the provisions of AFI 36-2603:

            Mr. Teddy L. Houston, Panel Chair
            Mr. Laurence M. Groner, Member
            Ms. Barbara J. White-Olson, Member

The majority of the Board voted, to correct  the  records,  as  recommended.
Ms. White-Olson voted to deny  the  application,  but  does  not  desire  to
submit  a  minority  report.   The  following   documentary   evidence   was
considered:

   Exhibit A.  DD Form 149, dated 18 Dec 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 19 Jan 01.
   Exhibit D.  Letter, SAF/MIBR, dated 9 Feb 01.




                 TEDDY L. HOUSTON
                 Panel Chair




AFBCMR 00-03196





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 7 March 1966, he was honorably
discharged and issued an Honorable Discharge Certificate.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency