RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03039 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told his discharge would be changed to honorable in seven 
years; however, he only seeks an upgrade to general. 

 

He is a senior citizen with a mild heart disease and would like 
to go to his grave with a general (under honorable conditions) 
discharge. 

 

He never applied for an upgrade of his discharge; however, he 
received a denial letter for the upgrade of his discharge in 
1972. 

 

In support of his request, the applicant provides copies of 
personal statements, extracts from his personnel records, a DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States, a General Education Development 
(GED) certificate with attachments, and a letter from the 
Montana Department of Labor and Industry. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 6 Jul 71, the applicant entered the Regular Air Force. 

 

On 10 Jul 71, the applicant went absent without leave (AWOL) and 
voluntarily surrendered himself to authorities on 17 Jul 71. He 
was punished under Article 15, Uniform Code of Military Justice. 

 

On 19 Aug 71, the applicant provided a statement indicating he 
had a serious personal problem and that he was a homosexual. He 
further stated that he had engaged in numerous acts with other 
homosexuals prior to entering active duty and that he had been 
tempted to engage in homosexual acts while in the service. 


On 20 Aug to 17 Oct 71, he was placed in an AWOL status, and on 
18 Sep 71, he was declared a deserter. On 18 Oct 71, he was 
apprehended by civil authorities and turned over to military 
control on 28 Oct 71. 

 

On 12 Nov 71, after consulting counsel, the applicant requested 
discharge for the good of the service. He signed a statement 
indicating he understood an undesirable discharge may deprive 
him of veterans’ benefits and that he may encounter substantial 
prejudice in civilian life. He further stated that he had used 
Lysergic Acid Diethylamide (LSD) about five or six times prior 
to entering the Air Force and, if standards had been different, 
he would not have been accepted into the military. Lastly, he 
was told he could be discharged for a character and behavior 
disorder (emotionally unstable personality based on drug use). 

 

On 17 Nov 71, he was diagnosed with having an emotionally 
unstable personality manifested by use of LSD, general 
inadaptability, and uncontrolled hostility. Further, medical 
personnel recommended that he be administratively separated. 

 

The staff judge advocate found the case legally sufficient and 
stated there was no evidence the applicant’s diagnosed character 
and behavior disorder had a significant casual relationship to 
his offense. He recommended discharge with an undesirable 
discharge. On 17 Nov 51, the discharge authority concurred and 
directed discharge. 

 

The applicant’s DD Form 214 reflects he was discharged on 2 Dec 
71, with a UOTHC discharge. He was credited with 2 months and 
22 days of active service and 66 days of lost time. 

 

On 16 Mar 72, the Air Force Discharge Review Board denied the 
applicant’s request for an upgrade of his discharge. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided an investigative report, which is 
at Exhibit C. On 23 Dec 10, a copy of the FBI report and a 
request for post-service information was forwarded to the 
applicant for a response within 30 days (Exhibit D). 

 

In response to the Board’s request, the applicant states he did 
not complete his enlistment mainly because he was not allowed to 
go to Vietnam. His dad was his hero and he wanted him to be 
proud of him. 

 

He requests the Board consider the fact that he had some mental 
issues. 

 


 

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 error or injustice. After a 
thorough review of the evidence of record and the applicant’s 
complete submission it our opinion that corrective action is not 
warranted. It appears the discharge was consistent with the 
substantive requirements of the discharge regulation and within 
the commander's discretionary authority. The applicant has 
provided no evidence that the characterization of his 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 compel us 
to recommend grating the relief sought on that basis. In view 
of the foregoing, and in the absence of evidence to the 
contrary, we conclude that no basis exists to upgrade the 
applicant’s discharge. 

 

_________________________________________________________________ 

 

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-
2010-03039 in Executive Session on 3 February 2011, under the 
provisions of AFI 36-2603: 

 

 XXXX, Panel Chair 

 XXXX, Member 

 XXXX, Member 

 


 

The following documentary evidence was considered for Docket 
Number BC-2010-03039: 

 

 Exhibit A. DD Form 149, dated 20 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 23 Dec 10, w/atch. 

 Exhibit E. Letter, Applicant, dated 4 Jan 11. 

 

 

 

 

 XXXXX 

 Panel Chair