RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00045

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

In the year of 1959, he was not cognizant of the law about  homosexual
people and was involved with one.  He state that he would like to have
his discharge upgraded so that he can continue receiving VA benefits.

In support of his appeal, he submits a personal letter, an article  on
Charcot-Marie-Tooth, a letter from VA, a copy of DD Form 214, Military
Service Certification and a birth certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
27 June 1955.  The applicant was separated from the Air  Force  on  31
December 1959 under  the  provisions  of  AFR  39-17  (unfitness)  for
homosexual  conduct  and  received  an  under  other  than   honorable
conditions (UOTHC) discharge.  He had served 4 years, 6 months  and  5
days of total active military service.

On 18 December 1959, the applicant’s commander notified  him  that  he
was  recommending   an   undesirable   discharge   under   AFR   35-66
(Homosexual), and he believed the case to be a Class II category  (not
by force).  Action was initiated based on a letter dated   10 December
1959 from the Sixth District Office of  Special  Investigation  (OSI).
Applicant was briefed on his entitlements to meet a  board,  consulted
with counsel and  submit  statements  in  his  behalf.   He  signed  a
statement indicating he understood his rights and waived his right  to
appear before a Board of Officers, and did not submit statements.

Pursuant to the Board's request for  information,  the  FBI  indicated
that, on the basis of the  evidence  provided,  they  were  unable  to
locate an arrest record pertaining to the applicant (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial  and  states  that   based   upon   the
documentation in the file, we believe  the  discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
directives in effect at the time of his discharge.  Additionally,  the
discharge was within the discretion of the discharge  authority.   The
applicant did not prove any errors or injustices that occurred in  the
discharge processing.  However, due to the lack  of  documentation  to
support  the  reasons  leading  to  his  under  other  than  honorable
conditions discharge, they would  not  be  opposed  to  upgrading  his
discharge to a general (under honorable conditions) if a search of the
FBI files does not reveal any convictions.

AFPC/DPPRS complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4
February 2003, for review and comment 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice to warrant partial relief.  The
records pertaining to  the  applicant’s  discharge  from  the  service
apparently are no longer available.  Applying today’s  standards,  the
mere fact of being a  homosexual  normally  would  not  result  in  an
undesirable or UOTHC discharge. While we cannot determine  whether  he
committed homosexual acts or was merely  known,  or  presumed,  to  be
homosexual, we believe any doubt should be resolved in his  favor  and
his  discharge  should  be  upgraded  to  general   (under   honorable
conditions).  His request for upgrade  to  honorable  was  considered;
however,  in  the  absence  of  evidence  pertaining  to   the   facts
surrounding his discharge, we do not believe  that  an  upgrade  to  a
fully honorable discharge is  warranted.   Accordingly,  we  recommend
that his records 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 at the  time  of  his
discharge  on  31  December  1959,  he  was  discharged  with  service
characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00045 in Executive Session on 29 July 2003, under  the  provisions  of
AFI 36-2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. Vaughn E. Schlunz, Member
                  Mr. John L. Robuck, Member

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

   Exhibit A.  DD Form 149s, dated 31 Dec 02, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  FBI Report dated 8 July 2003.
   Exhibit D.  Letter, AFPC/DPPRS, dated 27 Jan 03.
   Exhibit E.  Letter, SAF/MRBR, dated 7 Feb 03.




                                   OLGA M. CRERAR
                                   Panel Chair




AFBCMR BC-2003-00045





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 at the time  of
his discharge on 31 December 1959,  he  was  discharged  with  service
characterized as general (under honorable conditions).





JOE G. LINEBERGER

Director

Air Force Review Boards Agency