RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02063
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge should only show ‘honorable’ in accordance with the most
recent Department of Defense rules.

In support of his request, the applicant submits a copy of his DD Form
214.  The applicant’s complete  submission,  with  attachment,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 20 Oct
70 for a period of four years.

On 23 Dec 70, the applicant received notification that  he  was  being
recommended for discharge as a Class III  homosexual  because  of  his
homosexual act in Jun 69, prior to his enlistment in  the  Air  Force.
He received an under honorable conditions (general) discharge on 8 Jan
71 under the provisions of AFR 39-12 (homosexual  tendencies  -  class
III).  He had completed a total of  2  months  and  19  days  and  was
serving in the grade of airman basic (E-1) at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 23 Oct 02, that, on  the  basis  of  data
furnished, they are unable to locate an arrest record.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.   Based  upon  the
documentation in the file, DPPRS believes the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  The HQ AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  advisory  opinion  and  indicated  that,
realizing that his homosexuality promised to be a crippling disability
in the personal service to his country, he sought the  advice  of  two
former officers who had served as psychiatrists during World  War  II.
While  he  was  entirely  forthcoming   about   the   issue   of   his
homosexuality, he did not bring into these conversations  the  trouble
that he was experiencing with controlling his drinking.  He  has  been
sober for the last 15 years and celibate for the last 18  years.   The
applicant’s complete submission is at Exhibit E.
_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request, HQ AFPC/DPPRS provided the  following
advisory opinion concerning the recent  DoD  rules  and  the  type  of
discharge a member would receive today.

HQ AFPC/DPPRS stated  that  the  applicant  did  not  submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge  processing.   However,  considering  the  reason  for   his
discharge, today  he  would  receive  an  honorable  characterization;
therefore, DPPRS recommends clemency.  If a check  of  the  FBI  files
prove  negative,  DPPRS  recommends  the  discharge  be  upgraded   to
honorable.  The HQ AFPC/DPPRS evaluation is at Exhibit F.
_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  16
October 2002 for review and response.  As of this  date,  no  response
has been received by this office (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 to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice.   The  discharge  appears  to  be  in
compliance with the governing separation directives  then  in  effect.
However, we note that, under today’s standards, the applicant would in
all likelihood receive an honorable  discharge.   We  therefore  agree
with the opinion and recommendation of the Air Force office of primary
responsibility (Exhibit  F)  that,  on  the  basis  of  clemency,  his
discharge should be upgraded to honorable.  In view of the  foregoing,
we recommend that the applicant’s record  be  corrected  as  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 8 January 1971, he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 November 2002, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Billy C. Baxter, Member
              Ms. Cheryl Jacobson, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Jun 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Jul 02.
   Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 02.
   Exhibit E.  Letter from Applicant, dated 21 Aug 02.
   Exhibit F.  Letter, HQ AFPC/DPPRS, dated 11 Oct 02.
   Exhibit G.  Letter, SAF/MRBR, dated 16 Oct 02.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR 02-02063




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 APPLICANT be corrected to show that,  on  8  January
1971, he was honorably discharged and furnished an Honorable Discharge
certificate.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency