RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-01471

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  (under  other  than  honorable  conditions)  discharge  be
upgraded to honorable.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His dishonorable discharge as a Class II Homosexual was unjust.

Social diversity over the last 30 years  has  created  radical  changes  and
social tolerance now allows all diverse groups  to  embrace  their  freedoms
without any penalty or punishment for being the way  they  are.   Since  his
discharge he has worked, married, and raised a son and would  like  to  give
his military records to his son and provide him with an Honorable  Discharge
Certificate.   Furthermore,  had  his  problem  with  alcohol   abuse   been
addressed prior to his homosexual encounter leading  to  his  discharge,  he
could have had a very satisfying Air Force career.

In support of the appeal, the applicant submits his personal  statement  and
extracts from his military records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 7 September  1960  for  a
period of four years.

He was honorably discharged  on  1  December  1963  and  reenlisted  in  the
Regular Air Force on 2 December 1963 for a period of four years.



On 10 December 1964, the  commander  notified  the  applicant  that  he  was
recommending his administrative discharge under the provisions  of  AFR  35-
66, paragraphs 3 and 13b.  Specifically, for being a  Class  II  Homosexual.
The applicant acknowledged receipt and  after  counsulting  counsel,  waived
his right to a hearing before a board of officers.

AFR 35-66 defines A Class II homosexuals as those cases where  a  member  of
the Air Force has engaged in one or more homosexual acts,  or  had  proposed
or attempted to perform an act of homosexuality which  does  not  fall  into
the Class I category  (i.e.,  homosexual  acts  accompanied  by  assault  or
coercion).  No distinction is made in the administrative handling  of  cases
of alleged participation in homosexual acts based upon whether the  role  of
the person in any particular act was active or passive.

The discharge authority approved the discharge on 6 January 1965.

On 21 January 1965, the applicant was discharged  under  the  provisions  of
AFR 35-66, with an undesirable discharge.  He completed a total of 4  years,
4 months, and 15 days of active service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., provided an investigative report (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states, in part,  considering  the  discharge  occurred  over  37
years ago and the reason for the discharge, they  recommend  clemency.   For
the offenses cited, a member of  the  Air  Force  today  would  most  likely
receive an under honorable conditions (general) discharge  characterization.
 If an FBI file proves negative, they recommend the dischare be upgraded  to
under honorable conditions (general).

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 24 May 2002 for review and response within 30 days.  However, as of  this
date, no response has been received by this  office.   A  copy  of  the  FBI
Report of Investigative and a copy of the Information Bulletin - Upgrade  of
Discharge - Clemency, was forwarded to the applicant on 8 August  2002,  for
review  and  response  within  30  days.   However,  no  response  has  been
received.

_________________________________________________________________

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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s complete submission, a majority of  the
Board found no evidence of error or injustice.  In this respect, a  majority
of the  Board  notes  that  the  applicant’s  discharge  appears  to  be  in
compliance with the governing Air Force Regulation in effect at the time  of
his separation and he was afforded all the rights to  which  entitled.   The
applicant has provided no evidence  to  indicate  that  his  separation  was
inappropriate.  There  being  insufficient  evidence  to  the  contrary,   a
majority of the Board finds no compelling basis to  recommend  granting  the
relief sought.

4.  A majority of the Board also finds insufficient evidence  to  warrant  a
recommendation that the discharge be upgraded on the basis of clemency.   We
have considered the applicant's  overall  quality  of  service,  the  events
which precipitated the discharge, and  available  evidence  related  to  his
post-service activities and accomplishments.  On balance, a majority of  the
Board does not believe that clemency is warranted.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-01471  in
Executive Session on 12 November 2002 under the provisions of AFI 36-2603:

                       Ms. Peggy E. Gordon, Panel Chair
                       Ms. Carolyn B. Willis, Member
                       Mr. Grover L. Dunn, Member







By majority vote, the Board recommended  the  application  be  denied.   Ms.
Gordon recommended the applicant’s discharge be  upgraded  to  general,  but
does not wish to  submit  a  minority  report.   The  following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 10 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 21 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 24 May 02.
    Exhibit E.  FBI Investigative Report.
    Exhibit F.  Letter, AFBCMR, dated 8 Aug 02.




                                   PEGGY E. GORDON
                                   Panel Chair


MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

FROM: SAF/MRB

SUBJECT:     , Docket Number 02-01471

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
request should be denied.

      The majority of the panel has found no evidence of an error or
injustice regarding the applicant’s separation and insufficient evidence to
warrant upgrading his discharge on the basis of clemency.

      While I agree that the characterization of the applicant’s service as
undesirable may have been appropriate based on regulations in effect at
that time, under today’s standards he would receive a general (under
honorable conditions) discharge.  Furthermore, it appears that his use of
alcohol may have been a contributing factor leading to his discharge.  The
applicant has had to live with the adverse effects of his undesirable
discharge for 38 years, and while the discharge may have been appropriate
at the time, I believe it would be an injustice for him to continue to
suffer from its effects.  I have, therefore, decided that the applicant’s
undesirable discharge should be upgraded to a general (under honorable
conditions) discharge as a matter of equity and on the basis of clemency.

                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency




AFBCMR 02-01471




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 21 January 1965, he was
discharged with service characterized as general (under honorable
conditions).








JOE G. LINEBERGER

Director

Air Force Review Boards Agency