RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02349
            INDEX CODE:  100.06

      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be changed to honorable  and  his  narrative
reason for separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is not a homosexual and has been married to the same woman  for  48
years.  He was separated for  a  one  time  unsubstantiated  incident.
According  to  today’s  regulations,  he  would  have  been  given  an
honorable discharge.

In support of his request, applicant provided a personal statement, DD
Form 214, Report of Separation from the Armed  Forces  of  the  United
States, a letter from his wife and a copy of his Marriage Certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

Based on the evidence of record, the applicant enlisted in the Regular
Air Force on 22 September 1954, for a term of four years.  On 12 March
1956, his commander notified him,  that  he  was  recommending  he  be
discharged, under the provisions of AFR 35-66,  (Homosexuality).   The
basis for the action was that on  12  March  1956,  he  under  went  a
psychiatric evaluation and the final opinion of the psychiatric  staff
was “Sexual Deviate-Homosexuality, overt by own admission  and  Office
of Special Investigation OSI report”.  He waived his rights to  appear
before a Board  and  requested  discharge  without  benefit  of  board
proceedings.  He was separated from the Air  Force  on  24  May  1956,
under the provisions of AFR 35-66 (Homosexuality), with an undesirable
discharge.  He served one year, seven months and nine days  on  active
duty.

On 10 August 2004, the  applicant’s  DD  Form  214  was  corrected  to
reflect his proper name.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  upgrading   the   applicant’s   discharge   to
honorable.  They state that under current Department  of  Defense  and
Air  Force  guidelines,   he   would   have   received   a   discharge
characterization of  honorable  if  the  OSI  investigation  does  not
indicate he attempted, solicited or  committed  a  homosexual  act  by
using force,  coercion,  or  intimidation.   However,  they  recommend
disapproval  of  his  request  to  change  the  narrative  reason  for
separation.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
20 August 04, and on 12 October 2004, for review and comment within 30
days.  As of this date, this office has received no response.

_________________________________________________________________

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 injustice.  We note that the applicant was  discharged
for homosexuality under AFR 35-66 in 1956.  The regulation  in  effect
at  that  time  required  that  a  member  be  issued  an  undesirable
discharge.  This regulation  was  subsequently  changed  allowing  the
commander more flexibility in determining the  type  of  discharge  an
individual would receive.  The Air Force  states  that  under  current
guidelines, if there is no indication a member attempted, solicited or
committed a homosexual act that they  were  to  receive  an  honorable
discharge. Therefore,  we  recommend  his  discharge  be  upgraded  to
honorable.  We considered applicant’s request  for  a  change  in  the
reason for separation, however, as  noted  by  the  Air  Force,  under
current standards the reason for separation would not change.  In view
of this determination, we do not recommend  favorable  action  on  his
request for change in the  reason  for  separation.   Accordingly,  we
recommend that his records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 24  May  1956,  he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02349  in  Executive  Session  on  9  December  2004,  under  the
provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Carolyn B. Willis, Member
                 Ms. Dorothy P. Loeb, Member

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

    Exhibit A.  DD Form 149, dated 19 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.





                                   THOMAS S. MARKIEWICZ
                                   Chair

      AFBCMR BC-2004-02349












      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 xxxxxxxxxxxxxxxxxxxxx, be corrected to show that on
      24 May 1956, he was honorably discharged and furnished an Honorable
      Discharge certificate.








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Boards Agency