RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01235
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  15 October 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be changed to reflect fraudulent entry.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Homosexuality is  not  a  crime  and  asking  one’s  sexual  orientation  is
inappropriate.  It is no longer legal to ask one’s sexual orientation  under
“Don’t Ask, Don’t Tell.”  He was asked.

The applicant has not provided any evidence to support his  claim.   A  copy
of the applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 August 1987, the applicant was appointed a captain in  the  Air  Force
Reserve as a clinical nurse and ordered to active duty on  1  October  1987.
He had previously served four years, three months, and ten  days  on  active
duty in the United States Navy between 21 August 1982 and 30  November  1986
as a commissioned officer.

On 11  October  1988,  the  applicant  was  notified  by  his  commander  of
information received warranting the initiation of action against  him  under
Air Force  Regulation  (AFR)  36-2,  Chapter  3,  paragraphs  3-7h,  due  to
homosexual activity.  On 6 December  1988,  after  consulting  counsel,  the
applicant waived his right to a  hearing  before  a  Board  of  Inquiry  and
requested discharge in lieu of further action under the regulation.   On  20
January 1989, the applicant was charged with applying for appointment  as  a
commissioned officer and in the process knowingly made false  representation
by stating that he had never  been  or  was  not  then  homosexual.   On  30
January 1989, the Secretary of the Air Force denied the applicant’s  request
for discharge.  On 9 February 1989, the applicant tendered  his  resignation
from all appointments in the Air Force for the good of the  service  because
his conduct rendered him triable by court-martial.  On  7  March  1989,  his
commander recommended the applicant resignation be approved and that  he  be
discharged under other than honorable conditions.  On  18  April  1989,  the
Secretary of the Air Force accepted the applicant’s  resignation  under  AFR
36-12, Table 2-8, Rule 1, and directed he be  discharged  under  other  than
honorable conditions.  The applicant was discharged  effective  3  May  1989
with an Under Other Than Honorable Conditions  (UOTHC)  discharge.   He  had
served one year, seven months, and three days on active duty  with  the  Air
Force.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS   reviewed   the   applicant’s   case   file   and   submits   no
recommendation.  DPPRS defers to the Board to  determine  if  the  applicant
should be granted relief based on the documentation on file  in  his  master
personnel records.  DPPRS states 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.  The DPPRS 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 27  may
2005, for review and comment within 30 days (Exhibit D).  As of  this  date,
this office has received no response.

On 17 August 2005, the  applicant  was  given  the  opportunity  to  submit
comments about his post service activities (Exhibit E).  As of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD DETERMINES 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 probable injustice.  After a thorough review  of  the  evidence
of record we see no evidence to show  that  the  applicant’s  discharge  was
erroneous.  However, the  Board  majority  notes  under  current  Air  Force
standards the applicant would have received an honorable  discharge.   After
reviewing the applicant’s submission, a majority of the Board  believes  his
current service characterization is excessively harsh and an upgrade of  his
discharge to honorable is warranted.  The Board majority also  believes  the
circumstances  of  this  case  warrant  a  change  to  the  reason  for  the
applicant’s separation to one less prejudicial  to  him.   Accordingly,  the
Board majority recommends his records be corrected as indicated below.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on  3  May  1989,  he  was  honorably
discharged under the provisions of AFR 36-12, Table 2-6, Rule 15,  Voluntary
Resignation, Miscellaneous Reasons; with a separation code of “FND;” and  he
was furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 September 2005, under the provisions of AFI 36-2603:

            Ms. B. J. White-Olson, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Janet I. Hassan, Member


By a majority vote, the Board recommended to  grant  the  application.   Ms.
White-Olson voted to deny the applicant request  and  submitted  a  minority
report (Exhibit F).  The following documentary evidence  for  AFBCMR  Docket
Number BC-2005-01235 was considered:

     Exhibit A.  DD Form 149, dated 16 may 05.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 26 May 05.
     Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.
     Exhibit E.  Letter, SAF/MRBC, dated 17 Aug 05, w/atchs.
     Exhibit F.  Minority Report.




                                  B. J. WHITE-OLSON
                                  Panel Chair


AFBCMR BC-2005-01235




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to  show  that  on  3  May
1989, he was honorably discharged under the provisions of AFR  36-12,  Table
2-6,  Rule  15,  Voluntary  Resignation,  Miscellaneous  Reasons;   with   a
separation code of “FND;”  and  he  was  furnished  an  Honorable  Discharge
certificate.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency