RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01050
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge from the Air Force was based on an isolated
incident. He received several awards and served his country
honorably.
In support of his application the applicant provides a
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 4 Jun 85 for a
period of four years.
On 4 Oct 88, he was notified of his commander's intent to
recommend him for discharge for Homosexuality.
The commander stated the following reasons for the proposed
discharge:
His admission to a security police investigator of
homosexual acts in 1984 or 1985 and of attempted homosexual
acts on 2 Jul 88, as evidenced by a statement given on
27 Jul 88.
He was advised of his rights in this matter and after consulting
with counsel elected not to submit statements in his own behalf.
He submitted a waiver of his right to an administrative discharge
board contingent on receiving no less than a general discharge.
The discharge case was reviewed by the base legal office and
found to be legally sufficient to support discharge and it was
recommended he be discharged with a general (under honorable
conditions) discharge.
The discharge authority approved the separation and directed the
applicant be discharged with a general (under honorable
conditions) discharge.
On 28 Oct 85, he was discharged in the grade of airman first
class for Homosexual Acts, under the provisions of AFR 39-10. He
received a general discharge characterization, and an RE Code of
2B, Separated with a General or UOTHC Discharge, which bars
immediate reenlistment. He served a total of 3 years, 4 months,
and 25 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, WV, indicated on 15 May 09, that, on
the basis of data furnished, they are unable to locate an arrest
record.
On 13 Oct 09, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit D).
In his response to the post-service information request, the
applicant indicates that he served the Air Force honorably and
achieved success in his endeavors as an airman. He made a
mistake one night after drinking excessively which ruined his
career and dream of serving in the Air Force. He was treated too
harshly for this incident and believes he should not have been
discharged.
Since his discharge he has been an upstanding member of society
and has achieved success in several jobs. He is married and his
stepson serves in the Army. He is a man of honor and someone who
can be counted on. The applicants wife and a friend also
provide statements attesting to his character.
The applicants complete response, with attachments, 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The Board finds
no impropriety in the characterization of applicant's discharge.
It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find
persuasive evidence that pertinent regulations were violated or
the applicant was not afforded all the rights to which entitled
at the time of discharge. The applicant has not shown the
characterization of the discharge was contrary to the provisions
of the governing regulation, nor has it been shown the nature of
the discharge was unduly harsh or disproportionate to the
offenses committed. We considered upgrading the discharge based
on clemency; however, based on the limited documentation
concerning his activities since leaving the service, we are not
inclined to recommend upgrading his discharge based on clemency
at this time. Therefore, we find no basis upon which to
recommend granting the relief sought.
________________________________________________________________
THE BOARD DETERMINES:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-01050 in Executive Session on 3 Dec 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered under AFBCMR
Docket Number BC-2009-01050:
Exhibit A. DD Form 149, dated 13 Apr 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 14 Oct 09, w/atch.
Exhibit D. Letter, Applicant, undated, w/atchs.
Panel Chair
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