RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-02513
            INDEX CODE: 110.00
      WALTER J. O’ROURKE          COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 26 FEBUARY 2007

______________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

Under  current  standards  he  would  not  have  received  an   undesirable
discharge. Applicant states during the  Korean  War  in  1954,  he  had  an
isolated incident where he had  a  sexual  encounter  with  another  airman
following a drinking  binge.  After  the  encounter,  the  airman  involved
reported the incident to Air Force authorities.  Applicant  states  he  was
immediately discharged from the Air Force with an undesirable discharge and
was not afforded the opportunity to seek counsel. Prior to the incident, he
believes his conduct was average and his efficiency  and  behavior  ratings
were good. Since his discharge, applicant states he had a successful career
in the travel business and has since retired in Florida.  Over  the  years,
he has attended church on  a  regular  basis,  been  actively  involved  in
community  affairs,  and  has   performed   volunteered   work   for   many
organizations.  In addition, he is currently a stroke  victim  and  besides
Medicaid and a supplemental policy from the American Association of Retired
Persons he has very limited medical support.   He  now  requires  expensive
home day care and  has  applied  for  assistance  with  the  Department  of
Veterans Affairs (DVA); however, his request  was  denied  because  of  his
discharge classification.

In support of the appeal, the applicant submits  copies  of  correspondence
from United States Senator Bill Nelson of Florida, a  personal  letter,  NA
Form 13038, Certification of Military Service, character letters  from  the
Sunshine Cathedral Church, his neighbor and the  Broward  County  Sheriff’s
Office.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________


STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed by fire in 1973.
 Therefore, the facts surrounding his separation cannot be verified.  Data
extracted from his reconstructed records reflects he enlisted in  the  Air
Force on 9 May 1952 and was discharged in the grade of airman second class
on 25 February 1955 with service characterized as undesirable.  He  served
a total of 2 years, 9 months and 17 days on active duty.

Pursuant to the Board’s request, the FBI indicated on  the  basis  of  the
data furnished, they were unable to locate an arrest record.  (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS defers to the AFBCMR.  DPPRS states the applicant was  separated
from the Air  Force  under  the  provisions  of  AFR  35-66,  Discharge  of
Homosexuals, with  an  undesirable  discharge.   DPPRS  were  not  able  to
determine the propriety of the discharge based on the lack of documentation
in his records.  They defer to the AFBCMR to  determine  if  the  applicant
should be granted relief based on the limited supporting  documentation  in
his records. Under current Department of Defense and Air Force  Guidelines,
the applicant would have received an honorable discharge  if  there  is  no
indication he attempted, solicited, or committed a homosexual act by  using
force, coercion, or intimidation.

The complete DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant realizes the act he committed was against the rules and admits he
was drunk and possibly lonely when  the  act  occurred.   In  addition,  he
believes he had a superior record and was promoted faster than most because
of his abilities and sense of duty. He further asked the board to  expedite
his application because his current medical condition.

His complete response is at Exhibit E.

________________________________________________________________

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 injustice warranting corrective action.  In this respect,  a
thorough  review  of  the  evidence  of  record  reveals  no  error  in  the
applicant's discharge processing.  However, we recognize the adverse  impact
of the characterization of the discharge the applicant received;  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.   Considering  the
applicant's current age, his apparent immaturity at the time,  finding  that
he apparently has not had any subsequent involvement of a derogatory  nature
since his separation from the Air  Force,  we  believe  that  his  discharge
should be upgraded to general (under honorable conditions) on the  basis  of
clemency.  His request  for  upgrade  of  his  discharge  to  honorable  was
considered;  however,  since  we  do  not  have  access  to   all   of   the
circumstances involved in this case, an upgrade to a  general  discharge  is
the maximum warranted of his  service.   Upgrade  to  such  will  allow  the
applicant to apply for the  DVA  benefits  he  is  seeking.   Therefore,  we
recommend his records be corrected to the extent 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  25 February  1955,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

______________________________________________________________

The following members of the Board  considered  BC-2006-02513  in  Executive
Session on 28 November 2006, under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Ms. Judith B. Oliva, Member
                 Mr. Don H. Kendrick, Member

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

      Exhibit A.  DD Form 149, dated 2 August 2006, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report, dated 4 October 2006.
      Exhibit D.  Letter, AFPC/DPPRS, dated 1 September 2006.
      Exhibit E.  Letter, SAF/MRBR, dated 6 October 2006.
      Exhibit F.  Applicant’s response, not dated.




                                   CATHLYNN B. NOVEL
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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Office Of The Assistant Secretary


 AFBCMR BC-2006-02513












 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 25 February
 1955, he was discharged with service characterized as general (under
 honorable conditions).








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Board Agency
.