RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-02824
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NOT INDICATED

MANDATORY CASE COMPLETION DATE:  20 MARCH 2007

___________________________________________________________________

APPLICANT REQUESTS THAT:

	  a. His under other than honorable conditions (undesirable) 
discharge be upgraded.

	  b. His records be corrected to reflect his name as XXXXXXXXXX.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his discharge upgraded to be able to receive 
Veterans Affairs (VA) benefits.

He underwent a transgender operation and would like his name 
changed on the DD Form 214.

In support of his appeal, applicant submitted a statement.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on 14 August 
1961 in the grade of airman basic (E-1) for a period of four 
years.

On 26 February 1963, the applicant’s commander notified him that 
he was recommending him for discharge from the Air Force under 
the provisions of Air Force Regulation (AFR) 35-66, Discharge of 
Homosexuals.  The specific reason for the discharge action was:



		Based on the information obtained in the Office of Special 
Investigation (OSI) report determined the applicant to be a 
Class II homosexual.  The report indicated the applicant was a 
willing participant in an act of homosexuality and that his 
ability to perform military service had been compromised.

The commander advised applicant that military counsel had been 
obtained to assist him; present his case to an administrative 
discharge board; be represented by legal counsel at a board 
hearing; submit statements in his own behalf in addition to, or in 
lieu of, the board hearing; or waive the above rights after 
consulting with counsel.

The applicant acknowledged receipt of the notification of 
discharge and after consulting with counsel waived his right to a 
hearing before a board of officers and to submit statements in his 
own behalf.

On 21 March 1963, the discharge authority approved the separation 
and directed that the applicant be discharged with an under other 
than honorable conditions (undesirable) discharge.

Applicant was separated from the Air Force on 22 March 1963 under 
the provisions of Air Force Regulation (AFR) 39-17, Discharge of 
Airmen Because of Unfitness (homosexual), with an under other 
than honorable conditions (undesirable) discharge.  He served one 
year, seven months and nine days of active duty service.

On 23 December 1975, the applicant appealed to the Air Force 
Discharge Review Board (AFDRB) to have his under other than 
honorable conditions (undesirable) discharge upgraded.  The AFDRB 
upgraded his under other than honorable conditions (undesirable) 
discharge to under honorable conditions (general) on 25 May 1976.

On 13 October 2006, AFPC/DPSO informed the applicant that his 
request to have his name changed to XXXXXXXX, could not be 
accomplished.  A review of his service records showed he 
enlisted, served and was discharged under the name of XXXXXX.  
They further stated since the applicant’s name change occurred 
after his separation his records properly reflect his name 
relative to his period of service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the request to change the 
applicant’s name based on the fact when the applicant enlisted, 
served and was discharged from the Air Force his name was 
XXXXXX.  They further stated that under current Department of 
Defense (DOD) and Air Force guidelines, the applicant would have 
received a discharge characterization of honorable since there 
was no indication he attempted, solicited, or committed a 
homosexual act by using force, coercion, or intimidation.  They 
further recommend if the Board determines the applicant is 
requesting an upgrade of his discharge, then his records should 
be corrected to upgrade his discharge to honorable.

AFPC/DPPRS complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 3 November 2006 for review and comment within 30 days.  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.	Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  The 
applicant’s decision to change his name and gender was a 
personal decision that was made subsequent to his military 
service.  The correct name and gender during his enlistment 
period and discharge are reflected in his military records. 

4.	Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice to warrant 
partial relief.  Under current Department of Defense and Air 
Force guidelines, the applicant would have received an honorable 
or general discharge since his records do not indicate he 
attempted, solicited, or committed a homosexual act by using 
force, coercion, or intimidation.  Therefore, in view of the 
above, we recommend his discharge be upgraded to honorable.

________________________________________________________________
_



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that, on 22 
March 1963, he was discharged with service characterized as 
honorable.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2006-02824 in Executive Session on 24 January 2007, 
under the provisions of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Jul 06, w/atch.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 24 Oct 06, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Nov 06.




							
							Panel Chair


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