RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01300
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was  unjustly  charged  and  feels  that  he  was  forced  to  sign
statements.  He also states that he  was  not  provided  proper  legal
counsel.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  master  personnel  record  (MPR)  appears  to  have  been
destroyed by the 1973 fire at the National  Personnel  records  Center
(NPRC) in St. Louis.

Based on the available documentation the following facts are provided.

Applicant enlisted in the Regular Air Force on 3 April 1953.

On 7 August 1957, while serving in the grade of staff sergeant, he was
discharged under the provisions of AFR 35-66 (homosexual-  Class  II),
and  received  an  under  other  than  honorable  conditions   (UOTHC)
discharge.  He served 4 years,  4  months  and  5  days  total  active
service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.   Additionally,  the  discharge  was  within   the   sound
discretion of the discharge authority.  The applicant did not identify
any specific errors in the discharge processing.  However, considering
the discharge occurred over 44  years  ago  and  the  reason  for  the
discharge action, they recommend clemency.  For the offenses cited,  a
member in the Air Force today  would  most  likely  receive  an  under
honorable conditions (general) discharge characterization.  If a check
of the Federal Bureau of Investigation (FBI)  files  proves  negative,
they recommend the discharge be upgraded to under honorable conditions
(general).

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 May 2002, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within 30 days.  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.    We find no impropriety in the  characterization  of  applicant's
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  Considered alone, we conclude  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    Consideration of this Board, however,  is  not  limited  to  the
events which precipitated the  discharge.   We  have  a  Congressional
mandate  which  permits  consideration   of   other   factors;   e.g.,
applicant's background, the overall  quality  of  service,  and  post-
service activities and accomplishments.   Further,  we  may  base  our
decision on matters of inequity and clemency  rather  than  simply  on
whether rules and regulations which existed at the time were followed.
 This is a much broader consideration than officials involved  in  the
discharge were permitted, and our decision in no  way  discredits  the
validity of theirs.

5.    Under our broader mandate and after careful consideration of all
the facts and circumstances of applicant's case, we are persuaded that
applicant’s  discharge  should   be   upgraded   to   honorable.    In
consideration of his over four years of service and his apparent  good
post service record, we believe that his discharge should be upgraded.
 We recognize the adverse impact of the discharge applicant  received;
and, while it may have been appropriate at the  time,  we  believe  it
would be an injustice for applicant to continue to suffer its effects.
 Accordingly, we find that  corrective  action  is  appropriate  as  a
matter of equity and on the basis of clemency.

_________________________________________________________________

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 August  1957,  he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 11 July 2002, under the  provisions  of  AFI  36-
2603:

                 Mr. Lawrence R. Leehy, Panel Chair
                 Ms. Diane Arnold, Member
                 Mr. E. David Hoard, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Jul 01, w/atchs.
      Exhibit B. Fire Related Documents.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 21 May 02.
      Exhibit E. Letter, AFBCMR, dated 31 May 02.




                                LAWRENCE R. LEEHY
                                Panel Chair




AFBCMR 02-01300




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 August 1957, he was
honorably discharged and furnished an Honorable Discharge certificate.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency