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AF | BCMR | CY2010 | BC 2010 02722
Original file (BC 2010 02722.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02722 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On the day in question he was drunk. He met two people in the 
orderly room and was taken to a vacant bed. Afterwards, the Air 
Police appeared and charged him with homosexual behavior. 

 

He has lived stressfully with this discharge over 40 years. His 
family has no knowledge of his situation and he wants to keep it 
that way. A member of the American Legion advised him that he 
could have his discharge case reviewed and changed. He would 
like the Board to consider changing his discharge to give him a 
peace of mind. At no time was he a homosexual. He would like to 
rid himself of this nightmare. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Armed Forces of the United States Report of Transfer 
or Discharge; a letter from the Veterans Administration. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 9 March 1965, the applicant enlisted in the Regular Air Force 
for a period of four years. 

 

On 24 June 1968, the applicant was notified by his squadron 
commander that he was recommending his discharge from the Air 
Force under the provisions of AFM 39-12, Separation for 
Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation 
or Request for Discharge for the Good of the Service; and 
Procedures for the Rehabilitation Program, for unfitness. 
Specifically, on 19 March 1968, the applicant committed an act of 
sexual perversion. The commander recommended the applicant 
receive a general (under honorable conditions) discharge. 


On 3 July 1968, the applicant acknowledged receipt of the 
discharge notification. After consulting with legal counsel, he 
waived his rights to an administrative discharge board hearing. 

 

The base legal office found the case file legally sufficient to 
support a general discharge and the discharge authority approved 
the separation. On 24 Jan 69, the applicant was discharged in 
the grade of sergeant, under the provisions of AFM 39-12, with 
service characterized as general (under honorable conditions). 
He completed 3 years and 5 months of total active service. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. DPSOS states the applicant did not 
submit any evidence or identify any errors or injustices that 
occurred in the discharge process. He provides no facts, which 
warrant a change to his reason for separation or service 
characterization. Based on the documentation in the applicant’s 
master personnel records, the discharge and characterization of 
service were consistent with the procedural and substantive 
requirements of the discharge manual and were within the 
discretion of the discharge authority. 

 

In regards to the applicant’s contention that he was not provided 
counseling, DPSOS states his military records clearly indicates 
he was counseled on numerous occasions regarding his conduct and 
was afforded an opportunity to meet Air Force standards prior to 
his discharge. 

 

The complete DPSOS evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states he was not counseled and the only advice he 
received was not to challenge the allegation and to go quietly. 
He never committed an act of sexual perversion. 

 

The applicant’s 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case, to include his response to the Air Force 
evaluation; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. We considered 
upgrading his discharge on the basis of clemency; however, based 
on his overall record of service and no documentation related to 
his post-service activities and accomplishments, we are not 
persuaded that an upgrade of the characterization of his 
discharge on the basis of clemency is warranted. 

 

________________________________________________________________ 

 

THE BOARD DETERMINED THAT: 

 

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-2010-02722 in Executive Session on 21 April 2011, under 
the provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 13 Dec 10. 

 Exhibit D. Letter, SAF/MRBR, dated 28 Jan 11 

 Exhibit E. Applicant's Response, undated. 

 

 

 

 Panel Chair 

 

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