RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-02222
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge  has  always  haunted  him.   His  discharge  was  inequitable
because it was based on one isolated incident in 44 months of  service  with
no other adverse action.

In support of his application, he provided a personal statement; a  copy  of
DD Form 293, Application for the Review of Discharge or Dismissal  from  the
Armed Forces of the United States; three letters of indorsement; and a  copy
of his DD Form 214, Armed Forces of the United States Report of Transfer  or
Discharge.  A copy of the applicant’s complete submission  with  attachments
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 17 June 1960, the applicant enlisted in the Regular Air Force at the  age
of 18 in the grade of airman basic (E-1) for a period of  four  years.   The
applicant  was  trained  in  Air  Force   Specialty   Code   (AFSC)   702X0,
Administrative Clerk.  He was progressively promoted to the grade of  airman
first class (E-3), effective and with a date of rank of  1  June  1962.   He
received three Airman Performance Reports (APRs) closing 16  June  1961,  16
June  1962  and  15  June  1963,  in  which  the  overall  evaluations  were
exceptional, exceptional and outstanding, respectively.  The  latter  report
contained  the  promotion  recommendation  of   “Promote   Well   Ahead   of
Contemporaries.”


On 24  October  1963,  the  applicant  was  notified  by  his  commander  of
information received warranting the initiation of action against  him  under
Air Force Regulation (AFR)  35-66,  Discharge  Processing  Where  Homosexual
Acts or Tendencies are Involved.  The  applicant  acknowledged  receipt  and
sought counsel on 25 October 1963.  A board of officers  convened  on  26-27
November 1963 to investigate the facts  and  circumstances  surrounding  the
allegations.  The applicant appeared before the  board  with  counsel.   The
board  found  that  the  applicant  was  subject  to  discharge  under   the
provisions of AFR 35-66, paragraph 12b, (Class II) and recommended  that  he
be discharged from the service with an undesirable discharge  in  accordance
with AFR 39-17, Enlisted Personnel Discharge - Unfitness.

On 27 November 1963, the applicant submitted  comments  for  review  by  the
convening authority  and  requested  retention  or,  if  retention  was  not
possible, that his service be characterized as no less than a  general.   In
support of his requests, he provided  two  supportive/character  statements.
On  2  January  1964,  the  discharge   authority   approved   the   board’s
recommendation and directed that the applicant be furnished  an  Undesirable
Discharge certificate.  The applicant was discharged from the Air  Force  on
9 January 1964 under the provisions of AFR 39-17 (Unfitness) with  an  under
other than honorable conditions (UOTHC) discharge.  He had served  3  years,
6 months, and 23 days on active duty.  A reenlistment eligibility (RE) of  2
was assigned.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed the applicant’s case file and recommends denial.   Other
than character statements submitted by the applicant, he did not submit  any
new evidence or identify any errors  or  injustices  that  occurred  in  the
discharge processing.  The applicant did not provide  any  facts  warranting
an upgrade of his discharge.  The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant is deeply afraid if he can’t get  his  discharge  changed  to
honorable, that he won’t be able  to  survive  financially  without  social
security.  The applicant’s rebuttal is at Exhibit D.

The applicant was given the opportunity to submit comments about  his  post
service activities.  His reply is at Exhibit E.

_________________________________________________________________

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.  After a thorough review  of  the  evidence
of record we see no evidence to show  that  the  applicant’s  discharge  was
erroneous  or  unjust.   Nevertheless,  after  reviewing   the   applicant’s
submission we are of the opinion that the applicant has provided  sufficient
evidence to lead us to conclude that in the years following his  separation,
he has made a successful adjustment to civilian life.  This  is  evident  by
his involvement and service to  his  community  and  family.   In  addition,
under current Air Force standards  the  applicant  would  have  received  an
honorable discharge.  In view of these factors and in consideration  of  the
applicant’s age and apparent immaturity at the time of  his  enlistment,  we
recommend that his records be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 9 January 1964, he  was  honorably
discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 19 February 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell III, Member
      Ms. Kathleen F. Graham, Member


The following documentary evidence for AFBCMR  Docket  Number  02-02222  was
considered:

     Exhibit A.  DD Form 149, dated 25 Oct 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 7 Nov 02.
     Exhibit D.  Applicant’s Rebuttal, dated 25 Nov 02
     Exhibit E.  Applicant’s Letter, dated 21 Jan 03.



                                  THOMAS S. MARKIEWICZ
                                  Vice Chair


AFBCMR 02-02222




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 XXXXXXXXXXXXXXXXXXX, be corrected to  show  that  on  9  January
1964, he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency