RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02630
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was a confused young man with an alcohol addiction. Since
serving in the Air Force, he has become a good husband, father, and
grandfather. He owns his own home and pays taxes. He loves his
country and will have more respect for himself if his discharge is
upgraded.
In support of his request, the applicant provides a copy his
DD Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
His complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 27 Jan 66.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFR 35-66, Class II, paragraph 12, and AFR 39-17.
The specific reason for this action was for being a Class II
homosexual. His commander directed the applicant be discharged
with an undesirable discharge. The applicant did not elect a
hearing before a board of officers and did not submit statements in
his own behalf. The applicant received an UOTHC discharge on
19 Oct 66 after serving 8 months and 23 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 14 Sep 10, a copy of the FBI report was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office.
On 14 Sep 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, applicant provided
post-service information, which is attached 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. After a thorough review of the
evidence of record we see no evidence to show that the applicants
discharge was erroneous or unjust. Nevertheless, after reviewing
the applicants submission we are of the opinion that the applicant
has provided sufficient evidence to lead us to conclude that in the
years following his separation; he has made a successful adjustment
to civilian life. In addition, under current Air Force standards
the applicant would have received either an honorable or general
(under honorable conditions) discharge. In view of these factors
and in consideration of the applicants age and apparent immaturity
at the time of his enlistment, we recommend that his records be
corrected as indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 19 October 1966,
he was discharged with an honorable characterization of service and
furnished an Honorable certificate.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2010-02630 in Executive Session on 21 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for Docket Number BC-2010-02630 was
considered:
Exhibit A. DD Form 149, dated 6 Jul 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 14 Sep 10.
Exhibit E. Letter, Applicant, dated 22 Sep 10.
Panel Chair
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