RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-01937
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant proffers no contentions.  In support of his  application,  the
applicant provides a copy of  a  letter  from  the  Department  of  Veterans
Affairs (DVA), indicating that his service for  the  period  July  23,  1954
through  January  14,  1956  was  considered  honorable  for  VA   purposes.
Applicant’s application is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 July 1954, the applicant enlisted in the Regular Air Force at the  age
of 17 in the grade of airman basic (E-1) for a period of 4 years.

On 8 October 1954, he was charged with disobeying a lawful order.  For  this
incident, punishment under Article 15,  Uniform  Code  of  Military  Justice
(UCMJ), was imposed.  He was reduced from the grade of  airman  third  class
(E-2) to the grade of airman basic

From 28 December 1954 to  14  January  1955,  he  was  charged  with  Absent
Without Leave (AWOL).  For this incident, he  was  convicted  by  a  Summary
Court-Martial. He was sentenced to confinement at hard  labor  for  30  days
and forfeiture of twenty-five dollars ($25) of his pay.

On  2  December  1955,   a   psychiatric   statement   was   issued   by   a
Neuropsychiatric   Clinic,   with   a   diagnosis   of   sexual   deviation,
homosexuality (overt), class II.

On  14  December  1955,  the  applicant’s  commander   initiated   discharge
proceedings against him under the provisions of AFR  35-66  (Homosexuality).
The applicant was notified of his commander’s  recommendation  and  that  an
Undesirable discharge was being recommended.  He was advised of  his  rights
in the matter.  On 16 December 1955, the discharge  authority  approved  the
recommended separation and directed  that  the  applicant  be  furnished  an
Undesirable Discharge certificate.

On 14 January 1956,  the  applicant  was  discharged  with  an  undesirable
discharge.  He had served 1 year, 4 months and 5 days on active duty.

On 22 September 1972,  the  Air  Force  Board  for  Correction  of  Military
Records considered and  denied  the  applicant’s  request  for  a  discharge
upgrade.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that while the applicant provides no facts  warranting  an
upgrade of his discharge, the incident did  occur  over  45  years  ago  and
under today’s  guidance  applicant  would  most  likely  receive  a  general
discharge.  DPPRS would not be opposed  to  upgrading  his  discharge  to  a
general (under honorable conditions) if a check of  the  Federal  Bureau  of
Investigation files proves negative.  The DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 July 2003, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review  and  comment.   As  of  this  date,  this  office  has
received no response (Exhibit D).

On 12 August 2003, a letter was forwarded to the applicant  suggesting  that
he consider providing evidence pertaining to  his  post-service  activities.
As of this date, this office has received no response (Exhibit E).

On 26 August 2003, a copy of the FBI report was forwarded to  the  applicant
for review and comment.  As of  this  date,  this  office  has  received  no
response (Exhibit F).

_________________________________________________________________

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  warrant  an  upgrade
of the  applicant’s  discharge.   In  this  regard,  no  evidence  has  been
presented which would lead the Board to believe  the  applicant’s  discharge
was improper or contrary to the  directive  under  which  it  was  effected.
However, we note that AFPC/DPPRS  recommends  clemency,  if  an  FBI  report
proves negative.  In addition, the incident occurred over 45 years  ago  and
that  under  today’s  guidance  he  would  most  likely  receive  a  general
discharge.  The Board notes  the  FBI  report  does  contain  some  entries;
however, the last entry occurred in 1967 over 35 years ago.  Therefore,  the
Board is of the opinion that upgrading the applicant’s discharge to  general
(under honorable  conditions),  based  on  clemency  would  be  appropriate.
Applicant’s request for fully honorable discharge was  considered;  however,
we  do  not  believe  the  overall  record  supports  a   further   upgrade.
Therefore, we recommend the applicant's records be corrected to  the  extent
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  14  January  1956,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

___________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 October 2003, under the provisions of AFI 36-2603:

            Mr. Gregory H. Petkoff, Panel Chair
            Ms. Dorothy P. Loeb, Member
            Mr. James A. Wolffe, Member

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

    Exhibit A.  DD Form 149, dated 6 Jun 03 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 Jul 03.
      Exhibit D.  Letter, SAF/MRBR, dated 11 Jul 03.
      Exhibit E.  Letter, AFBCMR, dated 12 Aug 03.
      Exhibit F.  Letter, FBI Report, dated 15 Aug 03 w/atchs.




                                   GREGORY H. PETKOFF
                                   Panel Chair

AFBCMR BC-2003-01937





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 xxxxxxxxxxxxx, be corrected to show that on 14 January 1956, he
was discharged with service characterized as general (under honorable
conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency