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 Boards 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 applicants
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
applicants 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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