RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00028
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded  to  an
honorable discharge.

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APPLICANT CONTENDS THAT:

He was young and  foolish.   He  believes  the  punishment  was  harsh
compared to the crime.

In support of the appeal, applicant submits two copies of his DD  Form
214.  Applicant's complete submission, with attachments, is at Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 November 1960 in  the
grade  of  airman  basic  for  a  period  of  four  years.    He   was
progressively promoted to the grade of airman first class on 1 October
1963.

On 11 December 1963, applicant’s commander notified him  that  he  had
received information warranting the initiation of action under AFR 35-
66 (Homosexual Acts or Tendencies -- Class II).  The notification also
advised applicant of his rights to  consult  with  legal  counsel  and
submit statements in his own behalf.  On 20 December  1963,  applicant
submitted a conditional waiver request indicating he would  waive  his
right to a hearing before a board of officers, if his discharge  would
not be inferior to a general discharge.  On 23 January  1964,  he  was
notified of a hearing before an AFR 35-66 Board,  to  investigate  the
allegation of his participation  in  a  homosexual  act  and  possible
discharge action.  On 30 January 1964, he acknowledged receipt of  the
notification and indicated legal counsel would represent him.   On  30
January 1964, he appeared before a board of officers and the  findings
and recommendation was to  separate  him  with  an  under  other  than
honorable conditions (undesirable) discharge.  The base legal services
reviewed the report from the board of officers and  found  it  legally
sufficient to support the findings and recommendation to discharge him
with an under other than honorable conditions (undesirable) discharge.
 The discharge authority approved the findings and  recommendation  of
the board of officers and directed he  receive  an  under  other  than
honorable conditions (undesirable) discharge.

The applicant was separated from the Air Force on 9 March  1964  under
the provisions of AFR 39-17 (Unfitness-Homosexuals-Class II-Board) and
received  an  under  other  than  honorable  conditions  (undesirable)
discharge.  He served three years,  four  months  and  eight  days  on
active duty.

On 8  April  1964,  the  Air  Force  Discharge  Review  Board  (AFDRB)
considered the applicant’s record and concluded his  discharge  should
be upgraded to an under honorable conditions (general) discharge.  The
AFDRB decision document is at Exhibit B.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report, which  is
attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  The discharge was within the discretion of the  discharge
authority and he has provided no other facts  warranting  any  further
upgrade  of  discharge.   Therefore,  they  recommend  denial  of  the
applicant’s request.  A complete copy of the evaluation is attached at
Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 March 2004, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within 30 days.  On 18 Mar  2004
the applicant was invited to provide  information  pertaining  to  his
post service activities.  On 23 Mar 2004, 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  to   any   of   the   above
correspondence.

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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  took  notice  of   the
applicant's complete submission in judging the merits of the case  and
the fact that his undesirable discharge was upgraded to general by the
AFDRB in 1964.  In the absence of evidence  indicating  the  applicant
has made a successful post  service  adjustment  and  because  of  the
information contained in the FBI report provided for  our  review,  we
believe the applicant was afforded proper  and  fitting  relief  as  a
result of the consideration of  his  appeal  by  the  AFDRB  and  that
further relief in the form of an  honorable  discharge  would  not  be
appropriate.  Therefore, we agree with the opinion and  recommendation
of the Air Force and adopt  their  rationale  as  the  basis  for  the
conclusion that the applicant has not been the victim of an  error  or
injustice.  In the absence of evidence to the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

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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 23 June 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Cheryl V. Jacobson, Member
                       Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Feb 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 27 Feb 04.
      Exhibit E. Letters, SAF/MRBR, dated 5 Mar 04 and
               AFBCMR, dated 18 and 23 Mar 04.



                             THOMAS S. MARKIEWICZ
                             Chair