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AF | BCMR | CY2010 | BC-2010-00835
Original file (BC-2010-00835.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00835 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

It has been over 40 years since her discharge from the Air Force. 

She was a young lady at the time and was not aware of the 
consequences of her discharge. She served her country with honor 
and respect and feels an upgrade of her discharge is warranted. 

 

In support of her request, the applicant provides a copy of her 
DD Form 214, Armed Forces of the United States Report of Transfer 
or Discharge, and three character reference letters. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 31 May 68 for 
a period of four years, and was progressively promoted to the 
grade of airman. 

 

On 3 Dec 68, the applicant was notified by her squadron commander 
that she was recommending her discharge from the Air Force for 
homosexuality. Specifically, an investigation revealed the 
applicant had actively participated in homosexual acts. The 
applicant provided a sworn statement admitting that she had 
participated in a homosexual act. The commander recommended the 
applicant receive a general (under honorable conditions) 
discharge. 

 

The applicant acknowledged receipt of the discharge notification, 
and after consulting with legal counsel, waived her rights 
associated with an administrative discharge board hearing 
understanding that if the discharge authority approved the 
recommendation for an administrative discharge he would also 
determine the type of discharge to be issued. 

 


The base legal office found the case file legally sufficient to 
support the discharge and the discharge authority approved the 
separation. On 24 Jan 69, the applicant was discharged in the 
grade of airman (E-2), under the provisions of AFM 39-12, Separation for Unsuitability, for homosexual acts (Class II), 
with service characterized as general (under honorable 
conditions). She served on active duty for 7 months and 23 days. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, indicated that on the 
basis of the data furnished, they were unable to locate an arrest 
record (Exhibit C). 

 

On 29 Apr 10, a request for post-service information was 
forwarded to the applicant for response within 30 days. As of 
this date, no response has been received by this office (Exhibit 
D). 

 

_________________________________________________________________ 

 

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. After careful 
consideration of the available evidence, the discharge appears to 
be in compliance with the governing regulations in effect at the 
time and we find no evidence to indicate the applicant’s 
separation from the Air Force was inappropriate. We find no 
evidence of error in this case and after thoroughly reviewing the 
documentation that has been submitted in support of the 
applicant’s appeal, we do not believe she has suffered from an 
injustice. The applicant has provided no evidence which would 
lead us to believe the characterization of the service was 
contrary to the provisions of the governing regulation, unduly 
harsh, or disproportionate to the offenses committed. We 
considered upgrading the discharge based on clemency; however, we 
do not find the evidence presented is sufficient to recommend 
granting the relief sought on that basis. Should the applicant 
provide more expansive evidence, such as statements from 
community leaders, and acquaintances attesting to her good 
character and reputation, we will reconsider this case based on 
the new evidence. We cannot, however, recommend approval based 
on the current evidence of record. 

 


_________________________________________________________________ 

THE BOARD DETERMINES 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 Docket Number 
BC-2010-00835 in Executive Session on 10 Jun 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Negative Reply, dated 6 Apr 10. 

 Exhibit D. Letter, AFBCMR, dated 29 Apr 10. 

 

 

 

 Panel Chair 



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