RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01568
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be taken off his military records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unjustly accused.  There was  no  evidence  of  any  crime.   He  was
harassed continually for six months or so until he signed the papers  to  be
released.

He was misjudged and harassed by the military Board.  He would like to  have
his discharge corrected for his own  personal  satisfaction.   Had  he  been
older and wiser, he would not have let them  coerce  him  into  signing  the
papers.

In support of his request, applicant provided a  copy  of  his      DD  Form
214, Report of Separation from the Armed Forces of the United States.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 Feb 54,  for  a  period  of
four years in the grade of airman basic.  His highest grade held was  airman
third class.

On 9 Aug 55, applicant was advised by his squadron  commander  that  he  was
initiating separation proceedings under AFR 35-66, as a result of an  Office
of Special Investigation (OSI) report, in which the applicant  indicated  he
participated in one (1) act of oral copulation  with  another  airman.   The
commander recommended the applicant be retained in the Air Force.

On 9 Aug 55, applicant stated he was advised  of  his  rights  and  did  not
desire to submit a resignation or application for  discharge  and  requested
to appear before a Board of Officers.

Applicant appeared before a Board of Officers which convened on  7  Oct  55,
for the purpose of investigating an act of homosexuality that was  allegedly
committed by the applicant and to consider  whether  or  not  the  applicant
should be discharged.  The Board found that the applicant did commit an  act
of homosexuality and recommended he be discharged from the Air Force with  a
general discharge.  The convening authority disapproved  the  recommendation
of  the  Board  and  recommended  the  applicant  be  discharged   with   an
undesirable discharge.

On 1 Nov 55, the Executive Secretary of  the  Air  Force  Personnel  Council
directed applicant be discharged under the provisions of AFR 39-17  with  an
undesirable discharge.

On 8 Dec 55, applicant was discharged under the  provisions  of  AFR  39-17,
and issued an undesirable discharge.  He was credited  with  one  year,  ten
months, and eight days of active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS did not make a recommendation. DPPRS stated  they  are  unable
to  determine  the  propriety  of  the  discharge  based  on  the  lack   of
documentation in the master personnel records.  They defer to the  Board  to
determine if the  applicant  should  be  granted  relief  based  on  limited
supporting documentation in his record.

If the Board determines that  applicant  was  separated  for  homosexuality,
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 complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 Jun 06, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  After careful review of  the  evidence  of
record,  we  found  no  evidence  that   the   applicant’s   discharge   was
inappropriate or contrary to the  governing  directives  in  effect  at  the
time.  Nevertheless, we recognize the  adverse  impact  of  the  applicant’s
undesirable discharge; and, while it may have been appropriate at the  time,
we believe it would be an injustice  for  him  to  continue  to  suffer  its
effects.  We note that under current Department of  Defense  and  Air  Force
guidelines, the applicant would have received a  discharge  characterization
of honorable.  While we believe that some level of relief  is  warranted  in
this case, we do  not  believe  it  would  be  appropriate  to  upgrade  his
discharge to fully honorable based  on  the  circumstances  surrounding  his
undesirable discharge.  Therefore, we believe an upgrade  of  his  discharge
to general (under  honorable  conditions)  is  warranted  on  the  basis  of
clemency.  Accordingly, we  recommend  that  his  records  be  corrected  as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be  corrected  to  show  that  on  8  December  1955,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-01568
in Executive Session on 24 August 2006, under  the  provisions  of  AFI  36-
2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Gregory A. Parker, Member
      Ms. Jan Mulligan, Member


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

    Exhibit A.  DD Form 149, dated 17 May 06, w/atch.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 13 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jun 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair


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

SUBJECT:  AFBCMR Application of [APPLICANT]


      I have carefully reviewed all of the circumstances of this case and
agree with the AFBCMR panel’s decision to upgrade the applicant’s
discharge.  However, I believe that his discharge should be upgraded to
fully honorable rather than general (under honorable conditions).

      In this respect, I note that even though the applicant appears to
have been a passive participant in a homosexual act, he was not separated
under AFR 35-66, which was the appropriate regulation for discharging
homosexuals at the time.  He was, instead, discharged under the provisions
of AFR 39-17 presumably because his commander believed his participation in
the act was more out of curiosity and did not meet the standard for a
discharge for homosexuality.  The commander also factored in the
applicant’s highly satisfactory duty performance.  As an aside, homosexual
discharge cases are looked at under different standards in today’s
military, and under current Department of Defense and Air Force guidelines,
the applicant would have received an honorable discharge if there were no
indication he attempted, solicited, or committed a homosexual act by using
force, coercion, or intimidation.  The circumstances of the applicant’s
case appear to meet these standards.  Lastly, I note the applicant appears
to have been a law-abiding citizen for the past 50 years.

      I do not condone the behavior that led to the applicant’s undesirable
discharge.  Nonetheless, since it serves no useful purpose to the Air Force
or to society in general to continue the nature of his discharge at this
late date and since it is apparent that he has been a responsible citizen
following his separation, it is my decision that the characterization of
his discharge be upgraded to honorable on the basis of clemency.




                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency




AFBCMR BC-2006-01568




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 [APPLICANT], be corrected to show that on 8 December 1955,
he was honorably discharged and furnished an Honorable Discharge
certificate.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency