RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00257 

 COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was physically and sexually attacked while in the Air Force. 
The Air Force secretly gathered untrue information about him and 
forced him to sign documents under duress, and then discharged 
him at midnight on 14 Oct 66. 

 

After 30 years, he finally discovered what the Air Force had 
logged into his military records. He has never been involved in 
any type of sexual deviation as suggested in his records. 

 

In 1996, with the help of a social worker and a Department of 
Veterans Affairs (DVA) mental health doctor, he realized what had 
happened, but was too embarrassed to say anything to anyone. He 
finally got help and began therapy and a regiment of strong 
medications. 

 

He has diagnosed with Post Traumatic Stress Disorder (PTSD) as a 
result of being beaten and sexually attacked while in the Air 
Force. 

 

He wants his records to show that he was a good administrative 
clerk and had potential to go far in the military. 

 

In support of his request, the applicant provides a personal 
statement, copies of his DD Form 214, Armed Forces of the United 
States Report of Transfer or Discharge, and various documents 
pertaining to his VA claim. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 15 Apr 66, the applicant enlisted in the Regular Air Force, 
for a period of four years. 


 

On 12 Aug 66, the applicant was notified by his squadron 
commander that he was recommending his discharge from the Air 
Force based on a voluntary statement he gave to an Office of 
Special Investigations (OSI) special agent, where he admitted to 
participating in a homosexual act in May 66. The commander 
recommended a general discharge as opposed to the “undesirable” 
discharge the regulation specified, because he had purportedly 
engaged in only one homosexual act since entering the Air Force, 
had not participated in homosexual activity with any other Air 
Force member, and he turned himself in. 

 

On 16 Aug 66, the applicant acknowledged receipt of the 
notification of discharge and after consulting with counsel, 
waived his right to a hearing before a board of officers, and 
submitted a statement in his own behalf. He also stated that he 
understood if his discharge was approved, his separation from the 
Air Force could be under conditions other than honorable and he 
could receive an undesirable discharge. 

 

The staff judge advocate found the case file legally sufficient 
to warrant discharge and recommended a general discharge. 

 

On 6 Oct 66, the discharge authority approved the separation and 
directed a general discharge. On 14 Oct 66, the applicant was 
discharged under the provisions of AFR 39-17, Discharge of Airmen 
Because of Unfitness, and received a general discharge. He 
served six months on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. 

 

On 2 Mar 11, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time, the applicant was offered an opportunity to provide 
information pertaining to his activities since leaving the 
service (Exhibit D). 

 

His post-service activities will show a pattern of instability in 
his effort to move forward in his life. He has not been able to 
hold a job for more than two years with the exception of his 
tenure with the VA Medical Center. He has been married four 
times and is in the process of a divorce. His personal problems 
have been attributed to the horrible physical and sexual attack 
while in the military. He still has nightmares, flashbacks, and 
anxiety issues. An upgrade of his discharge will have an impact 
on the VA’s decision on his pending claim. He states his DD Form 
214 was not properly signed and there are other inconsistencies 
with his discharge. 

 

The applicant provides two character reference letters. 

 


The applicant's complete submission, with attachments, 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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we find no evidence that an error or injustice 
occurred in the discharge process. Based on the available 
evidence of record, 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 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 note the information provided by the 
applicant related to his post service activities; however, we do 
not find this evidence sufficient to recommend granting his 
request based on clemency. Therefore, in the absence of evidence 
to the contrary, we find no basis upon which to recommend 
granting the relief sought. 

 

_________________________________________________________________ 

 

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-2011-00257 in Executive Session on 9 Jun 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2011-00257 was considered: 


 

 Exhibit A. DD Form 149, dated 11 Jan 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 14 Feb 11. 

 Exhibit D. Letter, AFBCMR, dated 2 Mar 11. 

 Exhibit E. Letter, Applicant, dated 14 Mar 11, w/atchs. 

 

 

 

 

 

 Panel Chair