RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00061
                             INDEX CODE:  110.00

                             COUNSEL:  THE AMERICAN LEGION

                             HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable  discharge  be  upgraded  to  a  discharge  under  honorable
conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was intoxicated, passed out and awoke to find  a  man  in  bed  with  him
trying to perform a  homosexual  act  with  him.   He  was  embarrassed  and
humiliated and did not report the incident at the time.  He did not  receive
an Article 15 or a court-marital and he did not receive due process  of  law
according to Air Force regulations.  He was not informed  of  anything  that
was happening.  He was humiliated and disappointed in the unfair way he  was
treated.  He tried to forget that part of his life and struggled to  make  a
new life  for  himself  and  his  family.   Regardless  of  his  unfortunate
circumstances; i.e., a fifth  grade  education,  an  undesirable  discharge,
lack of work and financial burdens, he  managed  to  raise  five  upstanding
children, work steadily, provide a good home and education  for  his  family
and he is a  respected  member  of  his  community.   He  has  maintained  a
flawless criminal record and has not received so much as a speeding  ticket.
 He has not consumed alcohol in over 30 years.

He is 68 years old and has had a five  bypass  heart  operation.   His  only
sources of income are Social Security and Medicare.   He  once  again  finds
himself in financial stress.  A discharge upgrade would allow him to  enroll
in the Veterans Administration medical  care  system  for  health  care  and
prescription assistance for heart medication which costs approximately  $500
each month.

The applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 May 1952, in the grade  of
airman basic for a period of 4 years.

On 2 August 1955, the applicant was notified of his  commander's  intent  to
initiate discharge action against him because there was  reason  to  believe
that the applicant was a class II homosexual.  The commander recommended  an
undesirable 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.  The  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.

The applicant was subsequently discharged on 7 October 1955,  in  the  grade
of A3C with an undesirable discharge, under  the  provisions  of  AFR  35-66
(Homosexuality).  He completed 3 years, 4 months and 6 days of total  active
military service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 6 June 2001, that, on the  basis  of  the  data
furnished, they are unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Separations  Branch,  HQ  AFPC/DPPRS,  reviewed  this  application  and
recommended clemency based on the following facts:  The  discharge  occurred
over 44 years ago.  The applicant is a respected member  of  his  community.
He was married at the time of the incident and is  still  married.   He  has
raised five children.  He had a low level of  education  and  may  not  have
been aware of his rights.  Under  current  Department  of  Defense  and  Air
Force   guidelines,   the   member   would   have   received   a   discharge
characterization of 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,  they  recommended  that
his  discharge  be  upgraded  to  a  general  (under  honorable  conditions)
discharge.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the evaluation was forwarded to the applicant and his  counsel  on
27 April 2001, for review and response within 30 days (Exhibits D-1  and  D-
2).  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.   Although  the  available  record
does not  substantiate  that  the  applicant's  discharge  was  improper  or
contrary to the provisions of the governing  regulation  in  effect  at  the
time, and he provided no evidence regarding  his  activities  since  leaving
the service, we are persuaded that corrective action is appropriate  on  the
basis of clemency.  We noted that knowledgeable officials have indicated  to
our satisfaction that he has no arrest record and no derogatory  information
on  file.   Therefore,  we  are  in   agreement   with   the   opinion   and
recommendation of the appropriate Air  Force  office,  HQ  AFPC/DPPRS,  that
considering the applicant’s age and apparent immaturity at the time  of  the
incident and his stated contributions to society over  the  past  44  years,
his discharge should be upgraded  to  general.   Accordingly,  we  recommend
that the records be corrected as 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  7 October  1955,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 27 June 2001, under the provisions of AFI 36-2603:

            Mr. Joseph A. Roj, Panel Chair
            Ms. Margaret A. Zook, Member
            Mr. Roscoe Hinton, Jr., Member

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

     Exhibit A.  DD Form 149, dated 14 Mar 2001, w/atchs.
     Exhibit B.  Applicant's Available Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 9 Apr 2001.
     Exhibit D.  Letters, SAF/MIBR, dated 27 Apr 2001.
     Exhibit E.  FBI Report, dated 6 Jun 2001.




                 MARGARET A. ZOOK
                 Acting Panel Chair


AFBCMR 01-00061





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 October 1955, he was discharged
with service characterized as general (under honorable conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency