RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02367
            INDEX CODE:  100.06

      XXXXXXXXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXXXXXXXXXXXX   HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be changed to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is not and never was a homosexual.  Someone accused him and he  was
coerced into naming others he suspected  of  being  homosexual  or  he
would be court martial.

In support  of  his  request,  applicant  provided  a  Certificate  of
Military Service, a letter from the  Department  of  Veterans  Affairs
(DVA), background information from  a  Congressional  Inquiry,  and  a
personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.
 The available records reflect that  the  applicant  enlisted  in  the
Regular Air Force on 6 November 1948 for a term of 4  years.   He  was
separated from the Air Force on 5 November 1954, under the  provisions
of AFR 35-66  (Homosexuality),  with  an  undesirable  discharge.   He
served 5 years, 9 months and 16 days on active duty.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit G.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS gives no recommendation.  That office defers to  the  Board
to determine if the  applicant  should  be  granted  relief  based  on
limited supporting documentation in his record.  They state that under
current Department of Defense and Air Force guidelines, he would  have
received a discharge characterization of  honorable  if  there  is  no
indication he attempted, solicited or committed a  homosexual  act  by
using force, coercion, or intimidation.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states this issue is extremely  important  to  him.   He
believes he should have received an honorable discharge in  1954.   He
has lived with this stigma for 50 years.  He is not  gay.   He  served
two tours in Korea and lost his benefits.  He pleads  for  justice  to
remove this stigma from his service records.

His complete response is at Exhibit E.

Applicant was provided with a copy of the FBI report and he  responded
by stating that in 1963, his wife filed a false complaint against him.
 He attempted to see his son, who was 22 months old at the  time,  but
her boyfriend objected and convinced her to perjure herself.  He spent
the night in jail and the case was thrown out of court.

His complete response is at Exhibit H.

_________________________________________________________________

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.   While   the   complete   circumstances
surrounding applicant’s separation from the Air Force are unknown,  we
note that he was discharged for homosexuality under AFR 35-66 in 1954.
 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 that if there is no indication a  member
attempted, solicited or committed a homosexual act that they  were  to
receive an honorable discharge.  As stated  above,  the  circumstances
surrounding  his  discharge  are  unknown;  however,  after  reviewing
applicant’s statements and to remove any possibility of  an  injustice
to the applicant, we believe that  the  benefit  of  doubt  should  be
resolved in his favor.  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 5  November  1954,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02367  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 2 Aug 04, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel
                  Records.
    Exhibit C.  Letter, AFPC/MRBR, dated 26 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Sep 04.
    Exhibit E.  Letter, Applicant, dated 25 Nov 04.
    Exhibit F.  Letter, AFBCMR, dated 16 Nov 04.
    Exhibit G.  FBI Report, dated 19 May 04.
    Exhibit H.  Letter, Applicant, dated 22 Nov 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair



      AFBCMR BC-2004-02367












      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 XXXXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show
      that on 5 November 1954, he was honorably discharged and furnished an
      Honorable Discharge certificate.








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Boards Agency