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AF | BCMR | CY2002 | 0200050
Original file (0200050.doc) Auto-classification: Approved

                            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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