RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02547
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged from the United States Air Force after being accused
of being a homosexual, and performing homosexual acts. It was not
true twenty years ago, and it’s still not true today.
He has spent a lot of time and money to have his service record
reviewed, including all of his performance reports, in order that his
DD Form 214 will reflect an Honorable Discharge. The administrative
board of 1979 and 1980 were corrupt and bias.
He is respectfully asking the Board to review his service records, and
schedule an appointment for him to appear before the Air Force Board
of Military Record Corrections. Individuals who are able to help him
are now becoming old, and many are deceased.
Applicant’s complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
4 February 1974. During the period in question, he was a staff
sergeant serving as a military training instructor with the 3701 Basic
Military Training Squadron at Lackland AFB, TX.
Applicant was involuntarily discharged on 11 July 1979 with a general
(under honorable conditions) discharge for misconduct, homosexual
acts. He had 5 years, 5 months and 7 days of service.
The Air Force Discharge Review Board (AFDRB) denied applicant's
request on 6 October 1980.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. The applicant did not prove any errors
or injustices that occurred in the discharge processing.
Additionally, he provided no facts warranting an upgrade of his
discharge. Accordingly, they recommend his records remain the same
and his request be denied. He has not filed a timely request.
The AFPC/DPPRS evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the opinion and stated that he protests the
finding of HQ AFPC/DPPRS, to recommend denial of his application to
the AFBCMR. He request this protest is made part of the permanent
record, this is to be sent to the National Personnel Records, Center
located in St Louis MO. He protests the so-called review of his Air
Force records by TSgt S___, at Randolph AFB TX. He demands that the
AFBCMR send back the Memorandum for AFBCMR to HQ AFPC/DPPRS, and have
a General Officer review the record. He does not want an enlisted
person to review his pristine military records.
In closing, he has obtained information on TSgt S___. He has been
informed by Randolph AFB insiders, that he had a homosexual event some
years in the past. This fact alone should disqualify TSgt S___ from
his present position. He is also looking into the allegation that
TSgt S___ has required diversity and sensitivity training. This
concerns him.
The applicant’s response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that the findings of the Administrative Discharge Board
should be set aside and his discharge upgraded to honorable.
Applicant’s contentions are duly noted; however, we do not find these
assertions, in and by themselves, sufficiently persuasive to override
the rationale provided by the Air Force. Applicant’s arguments for
relief were fully addressed and countered by the Staff Judge Advocate,
and we find no basis upon which to disagree with that assessment. We
therefore concur with the recommendations of the Air Force and adopt
the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice. Therefore, we find no compelling basis to
recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 13 March 2002, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Albert F. Lowas, Jr., Member
Ms. Ann-Cecile McDermott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Aug 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 4 Oct 01.
Exhibit D. Letter, SAF/MRBR, dated 19 Oct 01.
Exhibit E. Applicant's response, dated 31 Oct 01.
THOMAS S. MARKIEWICZ
Vice Chair
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