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AF | BCMR | CY2002 | 0102547
Original file (0102547.doc) Auto-classification: Denied


                       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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