RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00365
            INDEX CODE:  110.00
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE: 8 AUGUST 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He achieved the rank of staff sergeant and received the  good  conduct
medal after serving 3 years and 10 months.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
14 February 1951.  The applicant was separated from the Air  Force  on
13 December 1954 under the provisions of AFR 35-66 (homosexuality) and
received an undesirable discharge.  He  had  served  3  years  and  10
months total active military service.

Pursuant to the Board's request for  information,  the  FBI  indicated
that, on the basis of the  evidence  provided,  they  were  unable  to
locate an arrest record pertaining to the applicant (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they were unable to determine the propriety  of
the discharge based  on  the  lack  of  documentation  in  the  master
personnel records. 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. We defer to the Board  to  determine  if  the  applicant
should be granted relief based on limited supporting documentation.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
March 2006, for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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  an  error  or  injustice.   While   the   complete
circumstances surrounding applicant’s separation from  the  Air  Force
are unknown, we note that he was discharged under  the  provisions  of
AFR 35-66 in 1956.  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.
Therefore,  we  believe  that  the  applicant’s  discharge  should  be
upgraded to honorable conditions.  A review of his FBI report  reveals
that since 1959 applicant has  not  been  charged  with  any  criminal
conduct.  Accordingly, we recommend that his records be  corrected  to
the extent indicated below.

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

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 13 December  1954,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.

_________________________________________________________________






The following members of the Board considered Docket  Number  BC-2006-
00365 in Executive Session on 4 May 2006, under the provisions of  AFI
36-2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Mr. Alan A. Blomgren, Member
                  Ms. BJ White-Olson, Member

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

   Exhibit A.  DD Form 149s, dated 12 Jan 06, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 21 Feb 06.
   Exhibit D.  FBI Report dated 13 Apr 06.
   Exhibit E.  Letter, SAF/MRBR, dated 3 Mar 06.




                                   WAYNE R. GRACIE
                                   Panel Chair


AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB, MD 20762-7002

Mr. XXXXXXX
225 E 93rd Street Apt 21
XXXXXXX NY 10128

Dear Mr. Tucker

      Your application to the Air Force Board for Correction of
Military Records, AFBCMR Docket Number BC-2006-00365, has been
finalized.

      The Board determined that the military records should be
corrected as set forth in the attached copy of a Memorandum for
the Chief of Staff United States Air Force.  The office
responsible for making the correction will inform you when your
records have been changed.

      After correction, the records will be reviewed to determine
if you are entitled to any monetary benefits as a result of the
correction of records.  This determination is made by the Defense
Finance and Accounting Service (DFAS-DE), Denver, Colorado, and
involves the assembly and careful checking of finance records.
It may also be necessary for the DFAS-DE to communicate directly
with you to obtain additional information to ensure the proper
settlement of your claim.   Because of the number and complexity
of claims workload, you should expect some delay.  We assure you,
however, that every effort will be made to conclude this matter
at the earliest practical date.

                             Sincerely



                             RALPH J. PRETE

                                  Chief Examiner
                             Air Force Board for Correction
                             of Military Records

Attachments:
1.  Record of Proceedings
2.  Copy of Directive

cc:  DFAS-DE




AFBCMR BC-2006-00365





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 XXXXXXX, XXXXXXX, be corrected to show  that  on  31
December 1959, he was honorably discharged and furnished an  Honorable
Discharge certificate.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency


                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

     XXXXXXX, XXXXXXX        BC-2006-00365


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)


3.  Mr. Wayne R. Gracie                   _______  ________
    PANEL CHAIR
    (Signature on Proceedings)


4.  SAF/MRBR     ________  ________
    (APPROVAL)


5.  AFBCMR (Processing)





                 DANIEL MILLER
                 Examiner
                 Air Force Board for Correction
                 of Military Records