RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01194
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

This  application  for  correction   of   the   records   of   [former
member/applicant] was submitted by Widow.


APPLICANT REQUESTS THAT:

Her late husband's  under  other  than  honorable  conditions  (UOTHC)
discharge be upgraded to an honorable discharge to  allow  eligibility
for Department of Veterans Affairs (DVA) entitlements.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband served his country for over  five  years  during  the
Vietnam War and received several medals.  He was a good  man  and  she
does not understand why he was given  a  UOTHC  discharge.   Her  late
husband was denied burial in the  National  Cemetery  in  ---,  and  a
military headstone.  She believes he deserves a military headstone for
serving his country.

In support of her request, the applicant submits a personal statement,
copies of her late  husband’s  DD  Form  214,  death  certificate  and
additional  documents  associated  with  the  issues  cited   in   her
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On  4  February  1964,  the  former  member  was  appointed  a  second
lieutenant, Reserve of the Air Force, and was voluntarily  ordered  to
extended active duty.  He was progressively promoted to the  grade  of
captain, Reserve of the Air Force, effective and with a date  of  rank
of 4 August 1967.

On 31 October 1968, the applicant was admitted for a  command-directed
psychological evaluation following an arrest for sexual exhibitionism.
  The  diagnoses  were  sexual  deviation-exhibitionism;  and,   adult
situational reaction, marked by depressive features,  acute,  moderate
and improved.  It was noted that sexual deviation is a  character  and
behavior disorder as defined by the governing  Air  Force  manual  and
therefore made the former member eligible for separation.

On 1 November 1968, court-martial charges were preferred  against  the
applicant for willfully and wrongfully  committing  indecent  acts  in
public view between 25 and 30 October 1968.  On 6 November  1968,  the
former member voluntarily tendered his resignation for the good of the
service.  He acknowledged, he could receive a UOTHC  discharge,  would
not be entitled to settlement for accrued leave and may be deprived of
many  Veterans  Administration  (VA)  rights  and  benefits.   He  was
afforded the  opportunity  to  consult  legal  counsel  regarding  the
submission of his resignation.  The former  member’s  resignation  was
forwarded to the Secretary of the Air  Force  Personnel  Council.   On
27 January 1969, the Secretary of the Air Force  accepted  the  former
member’s resignation for the good of the service and directed that  he
be issued a UOTHC discharge.

The former member received an under other  than  honorable  conditions
(UOTHC) discharge on 7 February 1969 under the provisions of  AFR  36-
12, with a Separation Designator Number (SDN) of “522”, which  defined
means  “Resignation  in  Lieu  of  Court-Martial,  Triable  by  Court-
Martial.”  He had completed a total of five years,  three  months  and
two days of active service and was serving in the grade of captain  at
the time of discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 22 August 2003, that,  on  the  basis  of
data furnished, they are unable to locate an arrest record.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/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.  DPPRS states that the applicant did not  submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge   processing.     The   HQ   USAF/DPPRS   evaluation,   with
attachments, is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided additional correspondence concerning  her  late
husband’s  post-service  activities.   She  indicates  that  her  late
husband’s misconduct while in the service was  out  of  character  for
him.  He was a young man and this had to be  a  foolish  act  that  he
committed from 25-30 October 1968.  He was a good Christian man and  a
loving father.  He served as President of their  church  congregation,
as Elder and on the Board of Maintenance.  He was  always  willing  to
help anyone. Her late husband worked for different security  companies
and was well liked by all his employers and the people he did business
with.  He was never arrested or in any kind of trouble with  the  law,
other than a speeding ticket  years  ago.   She  is  asking  that  his
discharge be changed to honorable based on clemency.

In support of her request, she has submitted copies of the awards  her
late husband  received,  character  references  and  additional  post-
service documentation.   The  applicant’s  complete  submission,  with
attachments, 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error  or  injustice.   We  thoroughly  reviewed  the
former member’s entire record and the  circumstances  surrounding  his
discharge.  In this respect, we noted that he voluntarily tendered his
resignation in lieu of trial by court-martial, acknowledging  that  he
could receive a UOTHC discharge.  We found no evidence that  pertinent
Air Force regulations were violated, that the former  member  was  not
afforded all the rights to which entitled at the time he submitted his
resignation  or  that  responsible  officials  applied   inappropriate
standards in effecting the former member’s  discharge.   In  addition,
the former member’s post-service documentation, provided in support of
his  appeal,  was  noted.   The  former  member’s  efforts  since  his
discharge were commendable; however, we are  not  persuaded  that  the
documentation  is  sufficient  to  overcome   the   misconduct   that,
ultimately,  resulted  in  his   separation.    While   we   are   not
unsympathetic toward the former member’s family, in view of the above,
we find no basis on which to favorably consider this application.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 September 2003, under the provisions of AFI 36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Ms. Martha J. Evans, Member
                  Mr. James E. Short, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2003-01194.

   Exhibit A.  DD Form 149, dated 18 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 2 May 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 9 May 03.
   Exhibit E.  Letter from Applicant, dated 30 Jun 03, w/atchs.




                                   ROBERT S. BOYD
                                   Panel Chair