RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00588
            INDEX NUMBER:  100.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

It has been over 40 years since his discharge, and he has not  been
in any trouble since he was discharged.  He was young  and  made  a
mistake.

In support  of  his  appeal,  applicant  submits  four  letters  of
character reference, two negative local police record reports,  and
post service training certificates.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the  Regular  Air  Force  on
16 Nov 53, for a period of four years.  On 26 Jul 56, his  squadron
commander initiated action  under  the  Uniform  Code  of  Military
Justice (UCMJ)  and  requested  an  investigation  predicated  upon
information received from British Police.  An individual complained
to British Police that three American airmen had picked him up  and
while riding in their car assaulted him and forced  him  to  commit
oral sodomy on two of the airmen.  Due to applicant admitting under
oath that a homosexual act was  performed  by  him,  the  commander
recommended applicant be furnished a general  discharge  under  the
provisions of AFR 35-66.

Applicant appeared before a Board of Officers convened  on  17  Aug
56,  for  the  purpose  of  investigating  the  act  or   acts   of
homosexuality that were allegedly committed on or attempted  to  be
committed by the applicant.  The Board found that the applicant did
commit an act of sodomy and recommended he be discharged  from  the
Air Force with an undesirable discharge.

The Staff Judge Advocate found the report  of  proceedings  legally
sufficient to sustain  the  findings  and  recommendations  of  the
board.  The Air Division deputy commander recommended applicant  be
discharged under the provisions  of  AFR  35-66  and  furnished  an
undesirable discharge.

On 7 Sep 56, the Executive Secretary of  the  Air  Force  Personnel
Council  directed  applicant’s  undesirable  discharge  under   the
provisions of AFR 35-66.

On 25 Sep 56, applicant was  discharged  under  the  provisions  of
AFR 35-66 with an undesirable  discharge.   He  was  credited  with
2 years, 10 months, and 10 days of active military service.

On 28 Sep 61, the applicant applied  to  the  Air  Force  Discharge
Review Board (AFDRB) requesting his discharge  be  upgraded  to  an
honorable discharge.  After review of the evidence of  record,  the
AFDRB  determined  his  request  for  upgrade  should  be   denied.
(Exhibit C)

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 19 April 2004, that, on
the basis of data furnished, they are unable to  locate  an  arrest
record.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that the discharge was  consistent  with  the
procedural and substantive requirements of the discharge directives
in effect at the time of his discharge.  The discharge  was  within
the  discretion  of  the  discharge  authority.   They  noted   the
applicant did not submit any evidence or  identify  any  errors  or
injustices   that   occurred   in   the    discharge    processing.
Additionally, the applicant provided no facts warranting an upgrade
of his discharge.  Under current  Department  of  Defense  and  Air
Force  guidelines,  the  applicant  would   receive   a   discharge
characterization of under honorable  conditions  (general)  if  his
records  indicated  he  did  not  attempt,  solicit,  or  commit  a
homosexual  act  by  using  force,   coercion,   or   intimidation.
According to the documentation on  file  in  the  master  personnel
records, applicant did participate in an act of sodomy  accompanied
by force and violence.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 19 Mar 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

___________________________________________________________________

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.  After a thorough review of the evidence of  record  we  see  no
evidence to show that the applicant’s discharge  was  erroneous  or
unjust.   However,  we  recognize  the  adverse   impact   of   the
applicant’s discharge; and while it may have  been  appropriate  at
the time, we believe it would be an injustice for the applicant  to
continue to suffer its effects.  From the  documentation  submitted
in support of his appeal, it  appears  the  applicant  has  been  a
responsible citizen and productive  member  of  society  since  his
separation.    Therefore,   we   believe   an   upgrade   of    the
characterization of  his  discharge  to  general  (under  honorable
conditions) is warranted on the basis of clemency.  In view of  the
seriousness of the misconduct that led to his discharge, we are not
persuaded that further relief in the  form  of  a  fully  honorable
discharge is warranted.  Accordingly, we recommend that his records
be corrected as 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  25  September
1956, he was  discharged  with  service  characterized  as  general
(under honorable conditions).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-00588 in Executive  Session  on  8  July  2004,  under  the
provisions of AFI 36-2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Martha A. Maust, Member
      Mr. Robert H. Altman, Member



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

     Exhibit A.  DD Form 149, dated 19 Feb 04, w/atch
     Exhibit B.  Applicant's Master Personnel Records
     Exhibit C.  AFDRB Hearing Record, dated 8 Nov 61, w/atchs
     Exhibit D.  Letter, AFPC/DPPRS, dated 12 Mar 04
     Exhibit E.  Letter, SAF/MRBR, dated 19 Mar 04




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR BC-2004-00588




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  25
September 1956, he was discharged  with  service  characterized  as
general (under honorable conditions).







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency