RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00050
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After the incident giving rise to his discharge, and before its
issuance, he was never advised of the nature or consequence of the
discharge; nor was he offered legal representation.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the grade of airman second
class. He was discharged from the Air Force on 24 Dec 55, for
homosexuality and received an "undesirable discharge." He served 18
months of active duty service.
Applicant's military personnel records were destroyed by fire and only
limited information is available for review. The relevant facts
pertaining to this application, extracted from the applicant's
available military records, are contained in the letter prepared by
the appropriate office of the Air Force.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states other than the applicant's certification of military
service; there are no documents to substantiate the
sequence of events regarding his discharge. DPPRS cannot discuss the
validity of the applicant's discharge due to lack of documentation.
Since the discharge occurred a long time ago and the applicant denies
participating in the misconduct, they recommend upgrading the
applicant's discharge to Under Honorable Conditions (General) if the
FBI record does not reflect any subsequent convictions.
A complete copy of the Air Staff evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states the
incident on the FBI report is correct, but he has since that time
earned his Master's and Journeyman's license in plumbing. He is
married with three children and has resided in Kentucky since 1980.
He started his plumbing business in 1981. He is active in the
community. The applicant submitted, with his response, letters of
support from his pastor and former employer.
Applicant's response, with attachments, is attached at Exhibit F.
The applicant's counsel submitted additional character references
which are attached at Exhibit G.
_________________________________________________________________
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 of timely file.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice warranting an upgrade of the
applicant’s discharge. No evidence has been presented which would
lead the Board to believe the service member’s discharge was improper
or contrary to the directive under which it was effected.
Nevertheless, the applicant has had to live with the effect of his
undesirable discharge for 47 years and while the discharge may have
been appropriate at the time, it would be an injustice for him to
continue to suffer from its effect. It appears the applicant has made
a successful transition to civilian life, as evidenced by the post-
service documentation he has provided; therefore, we are of the
opinion that upgrading the applicant’s discharge to general, based on
clemency, would be appropriate. Therefore, we recommend the service
member’s records be correct 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 24 December 1955,
he was discharged with the service characterized as general (under
honorable conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 02-
00050 in Executive Session on May 7, 2002 and August 27, 2002,
under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Grover L. Dunn, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 20 Feb 02.
Exhibit E. Letter, SAF/MRBR, dated 1 Mar 02.
Exhibit F. Letter, Applicant's Response, dated 4 Apr 02.
Exhibit G. Letter, Applicant's Counsel, dated 2 Aug 02,
w/atchs.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 02-00050
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction for 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, SSN, be corrected to show that on 24
December 1955, he was discharged with the service characterized as
general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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