RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00269
INDEX CODE: 100.06
XXXXXXX COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 JUL 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Accusations of homosexuality were never substantiated.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 August 1961, for
a term of four years. He was separated from the Air Force on 18
February 1964, under the provisions of AFR 39-17 Discharge of Airmen
Because of Unfitness (Homosexuality), with an under other than
honorable conditions (undesirable) discharge. He served 2 years, six
months and eighteen days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining
to the applicant, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states under current Department
of Defense and Air Force guidelines, the applicant would receive a
discharge characterization of honorable if there is no indication he
attempted, solicited, or committed a homosexual act by using force,
coercion, or intimidation. However, based on the OSI Report of
Investigation he used coercion and intimidation.
A complete copy of the 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
30 June 2006, for review and comment within 30 days. On 31 July 2006,
a copy of the FBI Investigative Report was forwarded to the applicant
for review and comment within. 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 error or injustice. We note the applicant was
discharged for homosexuality in 1964. Although the applicant contends
the accusations of homosexuality were never substantiated, he rendered
a sworn statement to the OSI, admitting to homosexual relations with
Air Force personnel. In addition, two Air Force members made sworn
statements in which they admitted to their homosexual relations with
the applicant. Furthermore, the regulation in effect at that time
required that a member be issued an undesirable discharge. This
regulation was subsequently changed allowing the commander more
flexibility in determining the type of discharge an individual would
receive. The Air Force states that under current guidelines, if there
is no indication a member attempted, solicited or committed a
homosexual act by using force, coercion, or intimidation, they receive
an honorable discharge. However, in the applicant’s case the evidence
of record reveals he used coercion/intimidation and attempted to
fondle fellow airmen. Further, documentation concerning his discharge
is not found in his master military personnel records; however, based
upon the presumption of regularity in the conduct of governmental
affairs and without evidence to the contrary, we must assume that his
discharge was proper and in compliance with appropriate directives.
Therefore, based on the available evidence of record, and in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2006-00269 in Executive Session on 20 August 2006, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Mar 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 8 Jun 06.
Exhibit D. Letter, AFPC/DPPRS, dated 22 Jun 06, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 30 Jun 06.
Exhibit F. Letter, AFBCMR, dated 31 Jul 06.
MICHAEL K. GALLOGLY
Panel Chair
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