RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02172
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His official service record is not in error.  However, he  is  seeking
corrective action based on 34 years of responsible service to  various
law enforcement agencies as an  employee  of  the  ---  Motor  Vehicle
Administration (MVA) and as a loyal and dedicated U.S. citizen.

His misconduct while in the service was a one-time occurrence and  his
post-service conduct has been exemplary.

In support of his request, the applicant submits a personal statement,
copies of his DD Form 214, -- Driving Record,  Police  Record,  Credit
Report, numerous character reference letters and additional  documents
associated with the issues cited in his contentions.  The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 23 July 1951  for  a  period  of  four  years.   He  was  honorably
discharged  on  24  July  1955  under  the  provisions  of  AFR  39-10
(expiration of term of service).  On 25 July 1955, he reenlistment  in
the grade of airman second and was progressively promoted to the grade
of staff sergeant (E-5), with an effective date and date  of  rank  of
1 March 1957.

On 19 June 1961, the applicant received notification that he was being
recommended for discharge.  The reason for this action was due to  his
conviction by a Central Criminal Court in London, England, on  9  June
1961, for aiding, abetting, counseling and procuring the commission of
an offense of gross indecency contrary to Section  13  of  the  Sexual
Offenses Act, 1956, and Section 35 of the Magistrates’ Court Act 1952.
 He pled guilty to the charges and his sentence consisted of a $280.00
fine and prosecution costs of  $112.00.   The  applicant  acknowledged
receipt of the discharge  notification  and  waived  his  right  to  a
hearing before a Board of Officers.  Military counsel indicated he had
interviewed and counseled the applicant concerning  his  rights.   The
discharge authority approved  the  discharge  and  directed  that  the
applicant be returned to  the  United  States  and  issued  a  general
discharge.

The applicant received a general discharge on  17 October  1961  under
the provisions of AFR 39-22  (conviction  by  civil  court).   He  had
completed a total of 10 years, 2 months and 23 days and was serving in
the grade of E-5 at the time of discharge.

Applicant's request for reinstatement, with grade and date of rank  as
of the date of discharge, was denied by the Air Force Discharge Review
Board (AFDRB) on 21 June 1962.  A copy of the AFDRB Hearing Record  is
appended at Exhibit C.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 5 September 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 applicant’s records, 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.   Additionally,  he  provided   no   facts
warranting  an  upgrade  of  the  discharge  he  received.    The   HQ
USAF/DPPRS evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
25 July 2003 for review and response.  As of this  date,  no  response
has been received by this office (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 an injustice.  Although no evidence has been provided  to
indicate that the  applicant’s  discharge  in  1961  was  improper  or
contrary to the provisions of the governing regulation then in effect,
we believe it would be an injustice for him to continue to suffer  its
effects.  In reaching such a conclusion, we may base our  decision  on
matters of equity and clemency rather than simply on whether rules and
regulations which existed at the time were followed.  In  the  instant
case, 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.  In view  of  the  passage  of
time and the post-service  documentation  provided,  we  believe  that
upgrading his discharge to honorable,  based  on  clemency,  would  be
appropriate.  Accordingly, we recommend that the applicant’s discharge
be upgraded to honorable.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, on 17  October  1961,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
02172 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

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

   Exhibit A.  DD Form 149, dated 31 May 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  AFDRB Hearing Record, dated 21 June 1962.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 17 Jul 03.
   Exhibit E.  Letter, SAF/MRBR, dated 25 Jul 03.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2003-02172




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 17 October
1961, he was honorably discharged and furnished an Honorable Discharge
certificate.





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency