RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01569
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His record is unjust because it was based on one isolated
incident. He believed it to be unjust at the time of his
discharge, but as a young person, he did not have the knowledge
or resources to contest the discharge.
In support of his appeal, the applicant provides a copy of his DD
Form 214, Report of Separation from the Armed Force of the United
States, and a personal reference.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 29 February 1952 and was promoted to the
grade of airman third class (E-2) with a date of rank of 25 April
1952.
An Office of Special Investigations (OSI) Report of
Investigation, dated 12 February 1954, indicates the applicant
signed a sworn statement admitting he had passively participated
in an act of homosexuality with a fellow airman.
On 24 April 1954, the applicants commander initiated separation
action under the provisions of Air Force Regulation 35-66
indicating the applicant had waived his right to a board hearing.
On 20 May 1954, the discharge authority approved the recommended
action be approved and directed the applicant be administratively
discharged with under the provisions of Air Force Regulation 35-
66, paragraph 5b(5)(a), and issued an Undesirable Discharge
Certificate.
On 28 May 1954, the applicant was discharged from active duty
with an undesirable discharge. He served two years and three
months on active duty.
Pursuant to the Boards request, the FBI indicated that on the
basis of the data furnished, they were unable to locate an arrest
record pertaining to the applicant.
_________________________________________________________________
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 of an error or injustice
that occurred in the discharge processing. 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. Furthermore, we do
not find clemency is appropriate in this case since the applicant
has not provided any evidence concerning his post-service
activities. Based on the foregoing, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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 AFBCMR Docket
Number BC-2011-01569 in Executive Session on 14 December 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01569 was considered:
Exhibit A. DD Form 149, dated 15 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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