RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2004-00259
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1963 under-other-than-honorable-conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for being a homosexual. He has lost his records in
his many moves over the years.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records were apparently destroyed in the Jul 73 fire
at the National Personnel Records Center (NPRC). The NPRC was able to
verify that the applicant served in the Air Force from 1 Aug 57 to 31
Jul 61, when he was honorably discharged in the grade of airman first
class (A1C) and apparently reenlisted. He was subsequently discharged
in the grade of A1C on 19 Jul 63, with a UOTHC characterization.
In a letter dated 9 Feb 04, SAF/MRBR requested the applicant to
provide additional documents in support of his appeal. Other than the
31 Jul 61 discharge certificate and the NPRC certification of military
service, no other records are available.
_________________________________________________________________
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. After a thorough review of the
available evidence and the applicant’s submission, we are not
persuaded his UOTHC discharge should be upgraded to honorable. The
applicant’s records were destroyed in the 1973 fire at the NPRC. The
only remaining verifiable facts are that the applicant served in the
Air Force from 1 Aug 57 to 31 Jul 61, was honorably discharged in the
grade of A1C, apparently reenlisted and was subsequently discharged in
the same grade on 19 Jul 63, with a UOTHC characterization. The
applicant maintains he received a UOTHC discharge for “being a
homosexual.” However, he submits nothing to substantiate his claim.
The possibility exists that the applicant was separated for another
matter entirely and, with no records to review, we prefer to rely on
the presumption of regularity by the officials conducting his
discharge process. Should the applicant provide additional evidence
substantiating his contention that the basis of his UOTHC discharge
was homosexuality, we may be willing to reconsider his appeal. Until
then, and in view of the paucity of evidence before us, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
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 21 April 2004 under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Frederick R. Beaman III, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-00259 was considered:
Exhibit A. DD Form 149, dated 5 Feb 04, w/atchs.
Exhibit B. Applicant's Reconstructed Master Personnel Records.
THOMAS S. MARKIEWICZ
Chair
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