RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00447
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was put out of the service for homosexuality.  He indicates he has  never
had a homosexual relationship.  When he was discharged  he  was  not  court-
martialed, never  had  a  hearing,  or  legal  representation.   He  further
indicates he is married with four children and four grandchildren.   He  has
worked hard all of his life to be a good citizen.  He  has  spent  43  years
trying to forget why he was discharged or that he was in  the  service.   He
has lived his whole life with this injustice.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by  fire  in  1973
at the National Personnel  Record  Center  (NPRC)  in  St. Louis,  Missouri;
therefore, the circumstances surrounding his separation from the  Air  Force
cannot be verified.

Based on the available records, it appears the  applicant  enlisted  in  the
Air Force on 13 August 1958.  He was discharged on 26 February 1960  in  the
grade of  airman  third  class  with  an  undesirable  discharge  under  the
provisions of AFR 39-17 (Unfitness).  He served 1  year,  6 months,  and  13
days total active military service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated they were unable to  identify  with  an
arrest record on the basis of information furnished - Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS indicated they were unable to  determine  the  propriety  of  the
discharge based  on  the  lack  of  documentation  on  file  in  the  master
personnel records.  The applicant did not submit any  evidence  or  identify
any errors in the discharge  processing,  nor  provide  facts  that  support
upgrading the discharge to honorable.  They defer to the Board to  determine
if the applicant should  be  granted  relief  based  on  limited  supporting
documentation on file in the master personnel records.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 March 2004, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

On 6 April 2004, the Board  staff  requested  the  applicant  provide  post-
service  documentation  within  14  days  (Exhibit  F).    The   applicant’s
response, with attachments, is at Exhibit G.

_________________________________________________________________

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 warranting the applicant’s  discharge  be
upgraded.  Given the limited documentation, and based upon  the  presumption
of regularity in the conduct of government affairs and without  evidence  to
the contrary, we must assume the applicant’s discharge  was  proper  and  in
compliance with appropriate directives.  While  the  exact  reason  for  the
applicant’s undesirable discharge cannot be determined  from  the  available
documentation, it is reasonable to conclude  his  misconduct  was  minor  in
nature.  At the time of the  applicant’s  discharge,  apparently  under  the
provisions of AFR 39-17, an undesirable discharge was  mandated  for  airmen
discharged  for  unfitness.   However,   after   reviewing   the   available
documentation, we believe the applicant’s discharge should  be  upgraded  on
the basis of changes  made  to  AFR  39-17  on  March  17,  1959,  giving  a
commander more discretion when recommending a discharge  for  unfitness,  as
was apparently the situation in the applicant’s case.   In  accordance  with
the 1959 change in Air Force policy regarding discharge of airmen under  AFR
39-17, it is noted that personnel  discharged  under  this  authority  could
conceivably have their service characterized with a general or an  honorable
discharge.  While there  is  no  indication  in  the  applicant’s  available
records regarding the quality of his service,  during  the  time  period  in
question, the commander would have been precluded from giving him  either  a
general or an honorable discharge.  However, as a result of  the  change  in
policy,  either  a  general  or  an  honorable  discharge  could  have  been
recommended.  We note the FBI Report is negative.  Actually, it appears  the
applicant has been a  law-abiding  citizen  who  is  highly  thought  of  by
members of the community and who has had to live with  the  effects  of  his
discharge for nearly 45  years.   Therefore,  we  believe  to  preclude  any
possibility of an injustice to the applicant, any doubt should  be  resolved
in his favor by recommending approval of his request.

_________________________________________________________________

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  February  1960,  he  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number B C-2004-
00447 in Executive Session on 18 May 2004, under the provisions of  AFI  36-
2603:

                  Ms. Brenda L. Romine, Panel Chair
                  Ms. Cheryl V. Jacobson, Member
                  Ms. Carolyn B. Willis, Member

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

   Exhibit A.  DD Form 149, dated 5 February 2004, w/atchs.
   Exhibit B.  Available Military Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 15 March 2004.
   Exhibit E.  Letter, SAF/MRBR, dated 19 March 1004.
   Exhibit F.  Letter, AFBCMR, dated 6 April 2004.
   Exhibit G.  Letter, Applicant, dated 27 April 2004, w/atch.




                                BRENDA L. ROMINE
                                Panel Chair


AFBCMR BC-2004-00447





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  , be corrected to show that on 26 February 1960, he was
honorably discharged and furnished an Honorable Discharge certificate.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency