RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00759
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  4 JUNE 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was forced to sign papers but did not know what was  contained  in  them.
He wants to clear his name of any wrongdoing.

In  support  of  the  application,  the  applicant  submits   his   personal
statement.  The applicant's complete submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records are  incomplete.   There  was  no
discharge case file in the  applicant’s  military  personnel  records.   The
following information was extracted from the remaining documentation in  the
record.

On 19 September 1952, the applicant enlisted in the  Regular  Air  Force  at
the age of 17 in the grade of airman basic for a  period  of  4  years.   At
that time, he had completed seven years of grammar school.

On 3 March 1953, the applicant was discharged with an undesirable  discharge
under the provisions of AFR 35-66 (Homosexuality).  He had served  5  months
and 15 days on active duty.

Subsequent to his separation, the applicant submitted an appeal to  the  Air
Force Discharge Review Board (AFDRB).  The AFDRB case file is not  a  matter
of record; however, it appears the AFDRB voted to  upgrade  the  applicant’s
discharge to general (under honorable conditions) and a new  DD  214  issued
on 18 August 1953.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an  investigative  report  pertaining  to  the  applicant
(Identification Record No. 39330D), which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

DPPRS has no recommendation.  DPPRS states they are unable to determine  the
propriety of the discharge  based  on  the  lack  of  documentation  in  the
applicant’s  record.   DPPRS  defers  to  the  Board  to  determine  if  the
applicant  should  be  granted  relief  based  on  the  limited   supporting
documentation in his record.  DPPRS concludes that under current  Department
of Defense and Air Force guidelines, the applicant  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.  DPPRS’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 18 March 2005.  On 30 March 2005,  the  applicant  was
invited   to   submit   information   pertaining   to    his    post-service
accomplishments.  He responded by requesting  an  extension  of  time  on  8
April 2005 (Exhibit E).

On 15 April 2005, this office  advised  the  applicant  his  case  would  be
administratively closed until such time as he was able to proceed.

The applicant was provided a copy of the FBI report, and on  19 April  2005,
the applicant provided his comments in which he strongly disagreed with  the
findings in the report.  On 12 May 2005, the  applicant  requested  that  we
reopen his case (Exhibit G).

On 6  September  2005,  a  member  of  Congress  submitted  the  applicant’s
statement in response to the information in the FBI report (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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant’s
complete submissions in judging the  merits  of  the  case.    However,  the
Board majority was not persuaded by  the  quality  and/or  quantity  of  the
applicant’s post-service information.  Although the applicant  has  provided
some statements concerning post-service conduct and a letter of  explanation
regarding the charges referred to in the  FBI  report,  the  Board  majority
finds these statements insufficient to warrant an upgrade of  his  discharge
on the basis of clemency.   Should  he  provide  statements  from  community
leaders and acquaintances attesting to his  good  character  and  reputation
and other evidence of  successful  post-service  rehabilitation  in  the  52
years since his separation, this Board would be willing  to  reconsider  his
case.  We cannot, however, recommend approval based on the current  evidence
of record.

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 issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 August 2005 and 13 September 2005,  under  the  provisions  of
AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Sharon B. Seymour, Panel Member
                 Ms. Jean A. Reynolds, Panel Member

By a majority vote, the members voted to deny the request.   Mr. Gregory  H.
Petkoff voted to correct the record and did not desire to submit a  minority
report.  The following documentary evidence was  considered  in  AFBCMR  BC-
2005-00759:

      Exhibit A.  DD Form 149, dated 15 Feb 05 w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 15 Mar 05.
      Exhibit D.  Letters, SAF/MRBR, dated 18 Mar 05, and
                  AFBCMR, dated 12 Apr and 15 Apr 05.
      Exhibit E.  Letter, Applicant, dated 8 Apr 05.
      Exhibit F.  FBI Report.
      Exhibit G.  Letters, Applicant, 19 Apr 05 & 12 May 05.
      Exhibit H.  Congressional Inquiry, 6 Sep 05 w/atchs.




            GREGORY H. PETKOFF
            Panel Chair



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
      CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM SAF/MRB

SUBJECT:  AFBCMR Case of

      I have carefully reviewed all of the circumstances of this case and
do not agree with the AFBCMR panel that the applicant’s request to upgrade
his discharge to honorable should be denied.

      The applicant was discharged on 3 March 1953, under the provisions of
AFR 35-66 (Homosexuality), with a general (under honorable conditions)
discharge.

      In a prior action, the Air Force Discharge Review Boards agency
upgraded the applicant’s discharge to general.  Furthermore, under current
Air Force standards, the applicant would have received an honorable
discharge if there were no indication he attempted, solicited, or committed
a homosexual act by suing force, coercion, or intimidation.  Also, I took
notice that the applicant appears to have been a law-abiding citizen for
the past 47 years.

      Therefore, based on the limited documentation in the applicant’s
record pertaining to this discharge, coupled with the aforementioned, it is
my decision that the applicant’s records be corrected to show that he was
honorably discharged as a matter of clemency.



                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency

AFBCMR BC-2005-00759







MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States Code and
Air Force Instruction 3602603, and having assured compliance with the
provisions of the above regulations, the decision of the Air Force Board
for Correction of Military Records is announced, and it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 3 March 1953, he was
honorably discharged and furnished an Honorable Discharge certificate.



                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency