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AF | BCMR | CY2008 | BC-1996-00026-2
Original file (BC-1996-00026-2.doc) Auto-classification: Approved


                            ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1996-00026
            INDEX CODE:  36.00

            COUNSEL:  THE AMERICAN LEGION

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded to honorable or general (under honorable conditions).

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 20 Jul 62 for a period of four years.   He
was discharged  on  4  Feb  63  under  the  provisions  of  AFR  39-17
(Unfitness-Waiver of Board-Class II Homosexual) and furnished a  UOTHC
discharge.  He was credited with  6  months  and  15  days  of  active
service.

On 18 Apr 96, the Board  considered  and  denied  an  application  for
correction of military records pertaining to the applicant,  in  which
he requested that  his  UOTHC  discharge  be  upgraded  to  honorable.
Limited documentation was available to the Board; therefore, the facts
surrounding  the  applicant’s  separation  could  not   be   verified.
Therefore, based on the presumption of regularity in  the  conduct  of
governmental affairs and without evidence to the contrary,  the  Board
assumed the applicant’s discharge was proper and  in  compliance  with
appropriate directives.  A complete copy of the Record of  Proceedings
is attached at Exhibit C.

Through his counsel, the applicant has provided additional documentary
evidence and requests his UOTHC discharge be upgraded to honorable  or
general (under honorable conditions).

Counsel  contends  the   applicant   was   the   victim   of   reverse
discrimination and political overreaction that  now  would  no  longer
occur.

In support of his appeal, the  applicant  provided  a  statement  from
counsel, a copy of his DD Form  149,  Application  for  Correction  of
Military Record Under the Provisions of Title 10, U. S. code,  Section
1552,  extracts  from  his  military  personnel  records,  a  personal
statement, and supportive statements.

Applicant’s complete submission, with attachments, is at Exhibit D.

The  Federal  Bureau  of  Investigation,  Clarksburg,  West  Virginia,
indicated that, on the basis of data furnished,  they  are  unable  to
locate an arrest record (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

The available evidence of record indicates the applicant was  given  a
UOTHC discharge for being a  Class  II  homosexual.   It  appears  the
applicant’s records were either lost  or  destroyed.   Therefore,  the
facts surrounding his separation  could  not  be  verified.   However,
based on the presumption of regularity in the conduct of  governmental
affairs, we must assume the applicant’s discharge was  proper  and  in
compliance  with  the  directive  under   which   it   was   effected.
Notwithstanding this, in view of the passage of  time,  and  the  fact
that under today’s standard, he probably would have received  no  less
than a general discharge, we believe the continued stigma of the UOTHC
discharge no longer serves any useful purpose.  Therefore, we  are  of
the opinion that upgrading the applicant’s discharge to general, based
on clemency, would be  appropriate  in  this  case.   Accordingly,  we
recommend his UOTHC discharge be upgraded to general.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 4 Feb 63,  he  was
discharged with service  characterized  as  general  (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 Dec 07, under the provisions of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. James A. Wolffe, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following additional documentary evidence pertaining to AFBCMR  Docket
Number BC-1996-00026 was considered:

     Exhibit C.  Record of Proceedings, dated 22 Apr 96, w/atch.
     Exhibit D.  Letter, counsel, dated 22 Feb 07, w/atchs.
     Exhibit E.  Negative FBI Report.




                                   LAURENCE M. GRONER
                                   Panel Chair




AFBCMR BC-1996-00026




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 , be corrected to show that on 4 February 1963, he
was discharged with service characterized as general (under honorable
conditions).







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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