RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00250
INDEX CODE: 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be changed to one under honorable
conditions.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served his country honorably regardless of his sexual orientation
and that gays and lesbians serving in the military are no longer
discharged with an undesirable discharge, but are discharged under
honorable conditions.
In support of his request, applicant provided DD Form 293, Application
for the Review of Discharge or Dismissal from the Armed Forces of the
United States, DD Form 214, Report of Separation from the Armed Forces
of the United States, DD Form 258AF, Undesirable Discharge from the
Armed Forces of the United States of America, Special Order Number 55,
and Special Order Number 237.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s complete military record is not available for review.
Based on the evidence of record, the applicant enlisted in the Regular
Air Force on 27 December 1954, for a term of 4 years. He was
separated from the Air Force on 26 March 1956 under the provisions of
AFR 35-66 (Homosexuality), with an undesirable discharge. He served
one year and three months on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining
to the applicant, which is at Exhibit D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS gives no recommendation. That office defers to the Board
to determine if the applicant should be granted relief based on
limited supporting documentation in his record. However, due to lack
of documentation to support the reasons leading to his undesirable
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.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A Copy of the Air Force evaluation was forwarded to the applicant on
21 May 04, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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. While the complete circumstances
surrounding applicant’s separation from the Air Force are unknown, we
note that he was discharged for homosexuality under AFR 35-66 in 1956.
The regulation in effect at that time required that a member be
issued an undesirable discharge. This regulation was subsequently
changed allowing the commander more flexibility in determining the
type of discharge an individual would receive. Therefore, we believe
that the applicant’s discharge should be upgraded to one under
honorable conditions. We note that the Air Force also has recommended
his discharge be upgraded to general if his Federal Bureau of
Investigation (FBI) report does not reveal any convictions. A review
of his FBI report reveals that since 1975 applicant has not been
charged with any criminal conduct. Accordingly, we recommend that his
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 26 March 1956, he
was discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2003-00250 in Executive Session on 15 July 2004, under the provisions
of AFI 36-2603:
Mr. David W. Mulgrew, Panel Chair
Mr. James E. Short, Member
Mr. Gary G. Sauner, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 04, w/atchs.
Exhibit B. Letter, AFPC/DPPRS, dated 18 May 04.
Exhibit C. Letter, SAF/MRBR, dated 21 May 04.
Exhibit D. FBI Report, dated 19 May 04.
DAVID W. MULGREW
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR 2003-00250
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 26 March
1956, he was discharged with service characterized as general (under
honorable conditions).
JOE G.
LINEBERGER
Director
Air Force
Review Board Agency
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