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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