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AF | BCMR | CY2005 | BC-2005-00116
Original file (BC-2005-00116.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00116
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No


MANDATORY COMPLETION DATE: 11 Jul 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1945 undesirable discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served honorably from 21 Aug 42 to 31 Jan  45,  and  there  was  no
disciplinary action taken against him.  He told a doctor he  respected
about his homosexual leanings and asked for help.  He was subsequently
told to check into one of the Army hospitals in Naples.  He was placed
in the “psycho ward” for being “too friendly with the  guys  in  [his]
ward,” and the psychiatrist blasted him  for  his  behavior.   He  was
shipped out and “Homosexual” was stamped on all his  papers.   He  did
not do anything except ask for help.  He believes he has lived with  a
great injustice committed by someone he trusted.

The applicant’s complete submission, to include a  personal  statement
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Based on a 4 Feb  05  letter  from  SAF/MRBR  to  the  applicant,  his
military personnel records were destroyed  by  fire  in  1973  at  the
National Personnel Records Center (NPRC).  The applicant was requested
to provide documentation  that  would  assist  in  reconstructing  his
records.  He had been previously invited, on 10  Jan  05,  to  provide
copies of his records; however, no response was received.

According  to  the  WD  AGO  53-56,  Enlisted  Record  and  Report  of
Separation, provided by the applicant, he enlisted  in  the  Army  Air
Corps as a general clerk on 21 Aug 42.   He  arrived  at  the  African
Theater on 26 Jun 43, and was returned to the US on 25 Jan 45.   After
2 years, 5 months and 11 days of active service, he was discharged  on
31 Jan 45, in the grade of  private,  under  the  provisions  of  Army
Regulation 615-368, Undesirable Habits or Traits of  Character  (i.e.,
physical traits or medical conditions which rendered  one’s  retention
in the service undesirable and repeated  rehabilitation  attempts  had
failed, antisocial or amoral trends, criminalism, chronic  alcoholism,
drug addiction, pathological lying or sexual misconduct).  He  had  no
lost days  but  was  not  eligible  for  reenlistment,  induction,  or
reinduction.  He participated in the Sicilian, Rome-Arno, and  Naples-
Foggia Campaigns.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated that, on the basis of the data  furnished,
they were unable to locate an arrest record (Exhibit C).

On 22 Feb 05 the AFBCMR Staff invited the applicant to  provide  post-
service information (Exhibit D).  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 error or injustice to warrant  partial  relief.   The
applicant’s records were destroyed by fire in 1973.  He  provided  his
WD AGO 53-56, which reflects he was discharged under the provisions of
Army Regulation 615-368, Undesirable Habits or  Traits  of  Character.
The applicant contends he was discharged because he  revealed  he  had
homosexual leanings and asked for help.  Since the applicant’s records
no longer exist, we do not know if his allegation is true  or  whether
he may have been separated for other  traits  found  under  the  broad
umbrella of Army Regulation 615-368, i.e.,  antisocialism,  amorality,
criminalism, chronic alcoholism, drug  addiction,  sexual  misconduct,
etc.  The applicant’s request for an honorable  discharge  was  noted,
but as we do not know the  circumstances  of  his  separation  and  he
unfortunately did not respond to the AFBCMR’s  invitation  to  provide
post-service information, we  are  reluctant  to  grant  him  a  fully
honorable characterization.  However, we recognize the adverse  impact
of his undesirable discharge and, while it may have  been  appropriate
at the time, we believe it would be an injustice for him  to  continue
to suffer its effects.  In consideration of  the  applicant’s  service
during World War II, his  current  age,  today’s  standards  regarding
homosexuality, and no evidence of his having a criminal record as  far
as we can ascertain, we believe a general  characterization  would  be
appropriate on the basis of clemency.  Accordingly, we  recommend  the
applicant’s records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to  show  that,  on  31 January
1945, he was discharged with service characterized as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 May 2005 under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Marcia Jane Bachman, Member

All members voted to  correct  the  records,  as  recommended.     The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2005-00116 was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report - Negative.
   Exhibit D.  Letter, AFBCMR, dated 22 Feb 05.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2005-00116




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 31 January 1945,
he was discharged with service characterized as general (under
honorable conditions).





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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