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AF | BCMR | CY2004 | BC-2004-00259
Original file (BC-2004-00259.doc) Auto-classification: Denied

                            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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