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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